Can authorship occur at any time
No. The right of authorship refers to the right to identify the author and sign his name on the work. Its contents include:
1. The author has the right to decide on signature In this way, you can sign your real name, stage name, pen name or pseudonym, or you can not sign. Once the author chooses a signature method, others may not change it in any way or for any reason. For collaborative works, each collaborator has the right to sign. The signature method and order of signatures for the collaborative work should be decided by the co-authors through mutual discussion.
2. The author must be cited when publishing and distributing other people's works. Regardless of whether the protection period of other rights has expired, the author's right of authorship is inviolable at any time.
3. The public shall use it within fair use, statutory permission or compulsory When using a work within the scope of the license, although it is legally possible to obtain the consent of the copyright owner in advance, the author's right of signature must still be respected. When using other people's works, the author's name, work title or source should be indicated.
4. It is prohibited for others to sign their own names on other people's works without authorization, or to sign the author's name together without participating in the creation. According to " The Copyright Law stipulates that "any person who signs his name on other people's works for the purpose of seeking personal fame and gain without participating in the creation... shall bear civil responsibilities such as stopping the infringement and eliminating the impact, making a public apology, and compensating for losses, according to the circumstances." ”
However, in order to obtain money, the names of others are The act of publishing and selling works based on one's own creation is not an issue of authorship in the field of copyright law, but an act of impersonating one's name and infringing on the name rights of others. Because personal rights of copyright are based on works, it does not apply to works that one has not created. There is no issue of authorship for the work. But forging his name is undoubtedly an infringement of other people’s name rights.
Although the right of authorship is an absolute and exclusive right granted to the author by law, certain restrictions must be placed on it for the sake of social and public interests. China's Judicial practice shows that the author's name can be omitted without violating convention. For practical works, such as buildings, etc., the owner of the carrier of the practical work does not need to sign the author's name on the carrier.
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