What is the term of copyright protection under the Civil Code?

Copyright is one of the patent rights. The state protects successfully registered copyrights in accordance with the law, but this protection, like patent rights, has a time limit. If the relevant time limit is exceeded, the copyright will no longer have legal effect. So, how long is the copyright protection period? Below, the editor of Legal Savior Network will help you understand copyright knowledge.

1. How long is the copyright protection period of the Civil Code

1. The author is a citizen Term

The protection period is the author’s lifetime and 50 years after his death, ending on December 31 of the 50th year after the author’s death; if it is a collaborative work, it will end at the end of The date of death is December 31, 50 years after the death of the author.

2. The period when the author is a legal person or other organization

The protection period is 50 years, ending on December 31st of the 50th year after the work was first published; however, if the work has not been published within 50 years after its creation, it will no longer be protected by copyright law.

3. Duration of special works

Film works and works created using methods similar to filmmaking j Photographic works, the protection period is 50 years, ending on December 31 of the 50th year after the work was first published; however, if the work is not published within 50 years after the creation, the copyright law will no longer protect it.

For works with unknown authors, the protection period for the right to use and receive remuneration is 50 years after the work is first published. The "unidentified" author here mostly refers to the situation where it is difficult to determine the author's identity because the work is published under a pseudonym, a pseudonym, a pseudonym, or without a signature. If the author is identified within 50 years, the protection period of his copyright shall be as specified.

2. Supplementary explanation of the protection period of relevant copyrights in other countries and related knowledge:

As for the protection period of copyright, each country generally determines it based on its own economic and cultural development. Judging from the history of copyright legislation, the protection period of early copyright legislation is generally shorter, and the protection period after the 20th century is longer; the protection period of developing countries is shorter, and that of developed countries is longer; the protection period of general literary, artistic and scientific worksThe protection period of works is longer, while the protection period of photography, applied art works, audio and video works and film works is shorter. According to Article 7 of the Berne Convention, the protection period for the property rights of general works in each member country of the convention is the lifetime of the author and 50 years after his death; the protection period for film works is 50 years after the work is made public or the work is completed. The protection period for photographic works and applied works of art shall not be less than 25 years after the completion of the work. The copyright protection period under the copyright laws of EU member states and the United States copyright law is now the life of the author and 70 years after his death. Due to the different natures of moral rights and property rights, copyright laws and international conventions in various countries have different provisions on the protection period of moral rights. Generally speaking, most civil law countries emphasize the protection of the author's personal rights, and therefore stipulate that the protection period of the author's personal rights is unlimited and permanent; common law countries and a few civil law countries also stipulate that the protection of the author's personal rights is limited. , or extended to a period of time after the death of the author or the same period of protection as the copyright property rights.

my country's Copyright Law separately stipulates the protection periods for personal rights and property rights of copyrights. According to Article 20 of the Copyright Law, the author's right to authorize, modify, and protect the integrity of his work are not restricted. That is, these three rights are permanently protected by law. Since the author's right to publish is closely related to the author's exercise of property rights, the Copyright Law provides separate provisions. According to Article 21 of the Copyright Law, the protection period of the right of publication is the same as the protection period of the property rights in the copyright, which is the life of the author and 50 years after his death.

When encountering a copyright dispute, you must promptly seek legal protection. If you need a lawyer to help you, you can consult a lawyer on this website online.