What is the method for determining the protection period of a collaborative work
Co-authors individually exercise copyright on the parts of the collaborative work that can be divided and used In this case, the general provisions on the protection period of joint works do not apply, but shall be calculated based on the lifetime of the author of each part and fifty years after his death.
A collaborative work is a work jointly created by two or more people , under normal circumstances, its copyright is shared by co-authors. In view of the different ages and lifespans of co-authors, the copyright law stipulates that the protection period for the publication rights and property rights of creators of such works "ends on the fiftieth year after the death of the last author." “December 31” provisions.
That is, for collaborative works, the protection period should be determined based on the last deceased author. This approach is also common practice internationally. Many countries around the world determine the protection period for collaborative works based on the lifetime of the last deceased co-author, plus a number of years after his or her death.
Legal basis
"Copyright Law"Article 13 The copyright of a work jointly created by two or more people shall be shared by the co-authors. People who did not participate in the creation cannot become co-authors. If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.
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