Legal provisions: Copyrights and publishers, performers, audio and video producers, radio stations, and television stations stipulated in the copyright law If the rights have not exceeded the protection period stipulated in the Copyright Law on the date of enforcement of the Copyright Law, they shall be protected in accordance with the Copyright Law.
Infringement or breach of contract that occurred before the enforcement of the Copyright Law shall be handled in accordance with the relevant regulations and policies at the time of the infringement or breach of contract.
Explanation: This article stipulates whether the copyright law has retroactive effect.
Retroactive force refers to whether the newly promulgated law is effective for existing facts and events that have already occurred. If it is valid, it is said to have retroactive force. If it is invalid, it is said to have retroactive force. There is no retroactivity.
1. The first paragraph is a provision on whether the rights protection period has retroactive effect.
This law has retroactive effect on the protection period of rights, that is, people who enjoy rights in accordance with the provisions of This law have not exceeded the protection period provided by this law on the date of implementation of this law. expires, they shall be protected in accordance with this Law.
There are two meanings here.
1. Refers to the fact that there was no provision for the protection period of a certain right in the past, and then the right protection period stipulated in this law has expired on the date of implementation of this law. It cannot be protected by this law. If it has not expired, it can be protected by this law.
2. It means that the protection period of a certain right has been stipulated in the past. Then, on the date of implementation of this law, even if the protection period stipulated in the past has exceeded, as long as If the protection period stipulated in this law has not exceeded, it will still be protected by this law.
2. The second paragraph of this article stipulates whether the infringement or breach of contract that occurred before the implementation of this law has retroactive effect in terms of the basis for processing. According to the provisions of this paragraph, there is no retroactive effect. Infringements or breaches of contract that occurred before the implementation of this law shall be handled in accordance with the relevant regulations and policies at the time when the infringement or breach of contract occurred. The provisions of this law shall not apply.
