What is a copyright holder and what are its classifications
Copyright holder is also called " "Copyright subject" refers to a person who enjoys copyright in literary, artistic and scientific works in accordance with the law. Copyright owners can be divided into original copyright owners and successor copyright owners.
Article 9 of my country’s Copyright Law It is divided into two categories: one is the author, that is, the person who directly creates the work; the other is the non-author, that is, the citizen, legal person or unincorporated unit that obtains the copyright through some legal relationship.
1. Author. Refers to citizens who directly create works.
It can be seen that there are two elements to constitute an author:
1) Only citizens That is, only natural persons can become authors, and legal persons or unincorporated entities cannot become authors. Citizens become authors and enjoy copyright based on their creation of literary, artistic and scientific works.
From the perspective of age and behavioral capacity, whether an adult or a minor, a person with full behavioral capacity or a person with limited behavioral capacity, as long as there is Anyone with creative ability and published works can become an author, and they enjoy copyright in the works they create in accordance with the law. Judging from the occupations of creative personnel, whether they are professionals engaged in literary, artistic, scientific and technical works, or non-professional creative personnel engaged in other occupations, anyone who creates literary, artistic, scientific and technical works is called an author. Therefore, the author is not equal to the writer, and the scope of the author is far wider than that of the writer.
2) Only by creating can you become an author. The so-called creation refers to intellectual activities that directly produce literary, artistic and scientific works, that is, fully expressing one's own thoughts, emotions and personality in literary, artistic and scientific works. if onlyMerely organizing work for others to create works, providing some consulting opinions, material conditions, or performing some other auxiliary work cannot be regarded as creation, and it cannot be called an author.
It can be known from the requirements of the author that among the copyright subjects, the author belongs to the first copyright subject or the original copyright subject, and they have the right to the works they created. Copyright cannot be illegally deprived. For example, if a person is subjected to forced labor and is deprived of political rights due to the crime of theft, he still enjoys copyright in the works he created in accordance with the law, and his copyright will not be lost or deprived because he is subject to criminal punishment.
2. Non-author. It refers to other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with this law in accordance with Article 9, Item 2 of the Copyright Law.
1) Citizens. There are two ways for other citizens who enjoy copyright in accordance with the law to obtain copyright:
One is to obtain copyright through inheritance. The decedent created the work during his lifetime. After the author dies, if he has not left a will for the work, the copyright of the work should be inherited in legal order. Although these heirs have not created works, due to the death of the author, some of the author's rights are still within the protection period of the Copyright Law, and the heirs can obtain the property rights in the copyright of these works in accordance with the law. If the decedent made a will during his lifetime, the property rights in the author's copyright should be inherited according to the order of testamentary inheritance and priority over legal inheritance.
The second is to obtain copyright through contract transfer. The author transfers part or all of the property rights in the copyright to other citizens in the form of a contract, such as conducting copyright trade overseas, entrusting others to create works, etc., which all belong to the contract transfer method.
2) Legal person or unincorporated unit. There are two ways for a legal person or non-legal entity to obtain copyright:
One is to obtain copyright through legal provisions. For example, Article 15 of my country’s Copyright Law stipulates: “The directors, screenwriters, lyrics, composers, photographers, etc. of film, television, and video works shall have the right of signature. Other rights of copyright shall belong to the producers of film, television, and video works. Enjoy." Film producers are all film studios with legal personality in our country. Therefore, except for the right of authorship, all other copyrights of film works belong to the film studio. For television works produced in a similar way to a film, the copyright (except for the right of authorship) belongs to the producer. According to relevant administrative regulations in my country, private individuals are not allowed to produce TV series. Therefore, the copyright of television works also belongs to legal persons. But the recordThere are no strict rules for the recording of works. Generally speaking, the vast majority of video producers are legal persons or unincorporated entities, but there are also individuals or partnerships who produce video works. Therefore, the copyright of most video works is enjoyed by legal persons or non-legal entities, and some may also be enjoyed by individuals.
In summary, the copyright holder of a work may be the author or a non-author. The editor of Legal Savior Network would like to remind everyone that in real life, when you want to learn from other people's works, you must obtain authorization to avoid any subsequent disputes that may occur. But if a dispute has already occurred, the editor of Legal Savior Network recommends that you seek help from a professional lawyer. Legal Savior Network lawyers are at your service at any time.
No comments yet. Say something...