Whether prohibited works are copyrighted

As our country popularizes legal knowledge among citizens, more and more legal-related knowledge has entered the public eye. I believe everyone has a certain understanding of copyright. Copyright is a part of intellectual property and serves to protect the author's works, but it is still Some types of content are not protected by copyright. The editor of Legal Savior Network has compiled relevant information for everyone. You are welcome to read it.

Whether prohibited works have copyright

"Copyright Law" Before the 2010 revision, Article 4 stipulated: "Works that are prohibited from publication or dissemination according to law are not protected by this law." This means that prohibited works before the 2010 revision are not protected by the Copyright Law.

After the Copyright Law was revised on February 26, 2010, Article 4 stipulates: "The formal copyright of the copyright holder shall not violate the constitution and laws, nor damage the public interest." The state supervises and manages the publication and dissemination of works." This shows that prohibited works are protected to a certain extent by Copyright law.

Works that are prohibited from publication and dissemination according to law, in 2010 After the "Copyright Law" was revised in 2008, the legal status has changed, with the following main changes:

Our country can take certain measures to prohibit the publication, distribution, and dissemination of prohibited works .

If someone infringes the copyright of a prohibited work, the copyright owner has the right to request the infringer to stop the infringement and destroy the infringing items, but generally he cannot claim to request infringement. The person is entitled to compensation for damages, because the right holder itself cannot publish or disseminate and obtain economic benefits.

Works not protected by my country’s Copyright Law

According to the provisions of my country's Copyright Law, there are three types of works that are not protected by law.

1. The work does not meet the substantive requirements, mainly including calendars, general numerical tables, general tables and formulas;

2. In order to protect the interests of the country or the public, it is not suitable to be protected by copyright law;

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

(2) Current Affairs News (Regulations on the Implementation of the Copyright Law of the People's Republic of China Article 5 stipulates that current affairs news in the Copyright Law and these Regulations refers to pure factual news reported through newspapers, periodicals, radio stations, television stations and other media).

3. Works that have exceeded the protection period stipulated in the Copyright Law.

It is not difficult to see from the above that although the state still prohibits the publication and dissemination of prohibited works, there is still a certain degree of legal protection for prohibited works, so Non-prohibited works, such as some unauthorized books, movies and other illegal works, are definitely protected by law, and the degree of protection is higher than that of prohibited works. Some can even claim damages; if you have other laws If you have any questions and want to consult a lawyer, you can seek legal consultation on the Legal Savior website to learn more about legal knowledge.