Can the authorship rights be restored after giving up
The exercise of the right of signature should be restricted. This is modern civil law one of the basic requirements. Although not stipulated by law, in some cases the exercise of the Right of authorship should be restricted. If an author decides to give up his signature on the work before publication, and later requests to restore his signature, unless the other party is willing to accept it, the signature right cannot be restored after giving up.
What is the right of authorship
The right of authorship is a right of personal rights of copyright , all countries’ laws have regulations. There are two main views on what the right of authorship is: The first view is the provision of Article 10 (2) of the Chinese Copyright Law. The right of authorship is the right to indicate the identity of the author and to sign the work. The second view is that the right of authorship refers to the author's right to mark his or her name on the works and their copies, also known as the right of name expression.
Subject of authorship
The subject of the authorship right is the author, but the author is not the same as the natural person of the creative author. According to Article 11 of the Chinese Copyright Law, According to Article 17, the author has three situations: first, the natural person who creates the work; second, the legal person or unincorporated unit regarded as the author; third, the natural person, legal person or entity that has obtained the author status as expressly agreed in the commission contract. Unincorporated unit. The concept of author also has a narrow sense and a broad sense. In the broad sense, authors not only include the creators of all literary, artistic, musical, dramatic or scientific works, but also include performers, sound recordings, video production or broadcasting organizations; in the narrow sense, authors Authors only include creators of literary, artistic, musical or dramatic works. Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are also two different concepts. This is because The author is not the same as the subject of the copyright. Copyright contains a variety of rights, and the subject situation is complicated. The author is only one of the basic subjects of the copyright. In addition to the author, the subject of the copyright also includes heirs, international organizations, etc. The right of signature can be independent of the copyright Other rights are enjoyed solely by the author, so the subject of the authorship right is not the same as the subject of the copyright.
Object of authorship
There are two main types: the "works theory" and the "personality interest theory". I agree with the "personality interest theory". Because according to the general theory, what personality rights want to protect is a certain personality interest. Although the right of signature is a personality right in civil law Rather than belonging to identity rights, it should of course have certain interests as its object. What is this object? It should be the "connection between the author and the work", specifically the author's control over the disclosure of his identity. This reflects the author's control over the disclosure of his identity. Free will privacy interests in whether and to what extent their identity should be concealed or disclosed.
The above is a detailed introduction to the restoration of authorship rights after giving up. I believe you will definitely gain something after reading this. In the process of your own creation, you should always pay attention to whether the authorship rights are legal and necessary. Always use legal weapons to protect your legitimate rights and interests. If you are consultingThe situation is more complicated. Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.
