How to obtain copyright
1. Natural acquisition
The natural acquisition of copyright is also called the principle of automatic protection, that is, once a work is created, it is protected by copyright law and does not need to perform any formalities. my country's copyright legislation adopts the principle of automatic protection. Article 2 of my country’s Copyright Law stipulates: “The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law.”2 , unnatural acquisition
The copyright laws of some countries in the world stipulate that the completion of a work does not automatically generate copyright, and one or several conditions must be met to obtain exclusive rights. patent. These conditions can be summarized as follows:
①The work must be fixed in a tangible object to obtain copyright, as stipulated in the U.S. copyright law;
p>② Use the copyright mark as a condition for obtaining copyright.
③ The completion of registration procedures is a condition for the creation of copyright, that is, the author must perform certain registration procedures to obtain copyright, such as registration, submission of samples, and publication of notices , process notarized documents or reimburse fees, etc., the copyright laws of the United States and many Latin American countries have this provision;
④In order to protect their own printing industry, some countries in the world have It stipulates that a work must be printed in a designated location in order to obtain copyright in that country, as stipulated in U.S. copyright law.
Methods to obtain copyright
1. Original acquisitionThe so-called "original acquisition" refers to the situation where the rights are acquired initially, not on the basis of the existing rights of others. The copyright obtained through original acquisition is a complete copyright, including all copyright rights including personality rights and property rights. The original acquisition of copyright mainly includes the following specific circumstances:
(1) A natural person acquires copyright due to creative acts.
(2) Organizations such as legal persons and other organizations obtain copyright due to legal provisions. As for organizations such as legal persons, when they host creative activities that reflect their will, they can obtain copyright based on the direct provisions of the law on originality.
(3) Organizations such as natural persons or legal persons obtain copyright due to legal presumption. When there is a dispute as to whether a natural person has performed a creative act, or whether a legal person or other organization meets the conditions stipulated in the law to be regarded as an author, there is no sufficient evidence to deny that the natural person or legal person or other organization signed on the work is the author. , the law directly presumes that the natural person or legal person or other organization who signs the work is the author.
2. Successive acquisition
The so-called "successive acquisition" refers to the acquisition of rights It is a situation where rights are derived derivedly based on the existing rights of others. Copyrights acquired through inheritance are partial copyrights, that is, they only involve the property rights in the copyright, unless otherwise expressly provided by law. Successive acquisition of copyright mainly includes the following specific circumstances:
(1) Acquisition due to agreement
">(2). Obtained by inheritance.
(3) Obtained due to legal provisions.
It can be seen that the acquisition of copyright means that the copyright owner has obtained the protection of copyright law. Because only after the copyright of the work is clarified can the author and the work be better protected. At present, the laws of various countries have different requirements for the conditions for obtaining copyright, which are mainly divided into two categories: automatic acquisition and registration acquisition. According to our country's legal provisions, copyright is automatically generated from the date of completion of the creation of the work, without any approval or registration procedures. In addition, regardless of whether the work is published or not, copyright protection can be obtained as long as the work has been created. So if you encounter copyright infringement in reality, please don’t worry and boldly use legal means to solve it. The Legal Savior Network also provides online lawyer consultation services. You are welcome to enter.Get legal advice.
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