Whether creative ideas are protected by copyright law

In daily life, we all know that copyright is very important to everyone and is also protected by relevant laws. What people don’t know is that copyright has a distinction between personal rights and property rights, which involves a lot of things. In terms of aspects, many people don’t know whether some creative ideas will be protected by Copyright law. The editor of Legal Savior Network will introduce it to you below.

Whether the creative ideas are protected by copyright law

Creative ideas are not protected by copyright law.

In a certain sense, works protected by copyright law It protects the expression of the work, not the ideological content of the work. Because the expression of the work can be perceived by people, but the pure ideological content is not, the same ideological content can be expressed in different expressions. In this case, the design ideas and overall structure provided by the plaintiff Sun for the book series were only the general reference principles for writing the series, and were not externalized into works in a certain way of expression. Therefore, the ideas and structure are not protected by copyright law. Even if the publishing house and Yuan used Sun's creative ideas and structure when writing the book series, it does not constitute copyright infringement.

What are the objects protected by copyright law

According to Article 3 of the Copyright Law: "Works referred to in this Law include literary, artistic and natural science, social science, engineering and technology works created in the following forms: ( one) Written works; (2) Oral works; (3) Music, drama, folk art, and dance works; (4) Fine arts and photographic works; (5) Film, television, and video works; (6) Engineering designs, product design drawings, and Its description; (7) Graphic works such as maps and schematic diagrams; (8) Computer software; (9) Other works stipulated in laws and administrative regulations. ”

Works by Chinese citizens, legal persons or other organizations , whether published or not, enjoys copyright in accordance with copyright law.

The copyrights enjoyed by foreigners and stateless persons in their works are protected by copyright law based on the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both countries are parties.

If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with the Copyright Law.

Has not signed an agreement with China or jointly participated in international treaties Works by authors from other countries and stateless persons are first published in a member state of an international treaty to which China is a party, or are published simultaneously in a member state and a non-member state, and are protected by copyright law.

What objects are not protected by copyright law

1. Works that violate the law or public interests

Only violations of laws enacted by the National People's Congress and the Standing Committee are not protected by the Copyright Law, excluding violations of administrative regulations, local regulations and ministerial regulations. For example, Promote works that promote pornography, violence, secession, etc.

2. Works expressly excluded by the Copyright Law

(1) Laws, regulations, resolutions, decisions, orders of state agencies and other documents of a legislative, administrative or judicial nature and their official official translations.

The translation here refers to the official translation, rather than the translation carried out by the scholars themselves or an institution organizing its own manpower and material resources, because these The translation is still protected by copyright.

(2) Current affairs news.

a. Current affairs news refers to the Simple factual information (factual statements) reported by newspapers, periodicals, radio, television and other media.

b. Reports and comments (such as commentator articles) that do not include personal creative elements, and works on factual news (such as textbooks titled "Journalism").

c. Radio and television program previews should alsoConsider it news.

d. Although current affairs news is not protected by copyright, However, newspapers, periodicals, TV stations, etc. that disseminate and report current affairs news collected and compiled by others must still indicate the source.

(3) Calendar, universal number table, universal Tables and formulas.

3. Works whose protection period has expired

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(1) Works that have exceeded the protection period are It is public property and not protected by copyright law.

(2) But the author’s personal rights include the right of authorship , the right to modify, and the right to protect the integrity of the work are not limited by the protection period and will be permanently protected by law.

The editor of Legal Savior Network will introduce it to you from the above I believe everyone has a certain understanding of the creative ideas that are not protected by copyright law. The editor of Legal Savior Network reminds everyone that there are related needs for creative ideas in daily life. You can protect this according to your own needs to avoid being stolen or disrupted. For more relevant questions, you can also go to LegalSavior.com consult a lawyer.