1. What is a published work in terms of copyright law?
1. Published works in the Copyright Law refer to works that the copyright owner himself or allows others to make public. Regardless of whether the work is published or not, the work enjoys copyright.
2. Legal basis: "Regulations on the Implementation of the Copyright Law of the People's Republic of China"
Second Article 10 Published works as mentioned in the Copyright Law refer to works that the copyright owner himself or allows others to make public.
2. How to judge whether the work has been published
The right of publication is one of the copyrights. It refers to the right to decide whether the work will be made public, that is, to decide when, where and how the work will be made public. Although the copyright owner enjoys copyright according to law regardless of whether the work has been published, it is important for the user of the work to determine whether the work has been published. Because using unpublished works and using published works often lead to different consequences. For example: when performing other people's works for free, if the performance is a published work, the performer does not need to obtain the consent of the copyright holder and does not need to pay remuneration; if the performance is a work that has not yet been published, the performer must obtain the consent of the copyright holder. consent and must pay remuneration.
The criterion for judging whether a work has been published is to determine whether the work has been made public. The so-called disclosure to the public refers to the copyright owner disclosing the work to unspecified people on his own initiative, or disclosing the work to unspecified people with the permission of the copyright owner. As long as the work is placed in a state where no specific person knows it, the work is published, and whether the public knows and pays attention to the work does not affect the determination of the publication of the work. A work is not published if it is only disclosed to a specific range of people or to people who are related to each other.
According to the provisions of the "Regulations on the Implementation of the Copyright Law", published works in the Copyright Law refer to works that the copyright owner himself or allows others to make public. Regardless of whether the work is published or not, the work enjoys copyright. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...