Can copyright property rights be transferred?
Can copyright property rights be transferred? The transfer of copyright property rights includes inheritance and inheritance. If the copyright belongs to a citizen, after the citizen dies, his copyright property rights are transferred in accordance with the provisions of the inheritance law. The rights to authorize, modify and protect the integrity of the work in copyright are protected by the author's heirs or legatees. If the copyright belongs to a legal person or other organization, after the change or termination of the legal person or other organization, the copyright property rights will be enjoyed by the legal person or other organization that assumes its rights and obligations. If there is no legal person or other organization that assumes its rights and obligations, it will be enjoyed by the state.
The property rights of works can be transferred
Article 19, paragraph 1, of the "Copyright Law" stipulates: " If the copyright belongs to a citizen, after the death of the citizen, the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law shall be transferred in accordance with the provisions of the Succession Law within the protection period specified in this Law." "Succession Law" Article Article 3 stipulates: "Inheritance is the legal personal property left by a citizen when he dies. When the copyright owner dies, the copyright is regarded as a general property and becomes the object to be inherited or bequeathed. What is inherited or bequeathed is only the property rights in the copyright. As for the copyright The right to authorize, modify and protect the integrity of the work are protected by the author's heirs or legatees. This shows that the heirs or legatees have not become the subject of the personal rights of the work, and they cannot actively exercise personal rights, such as changing the signature. , modify works, etc. But he has the right to sue for infringement of these rights. This status is also conducive to their exercise of inherited or bequeathed copyright property rights. Not only that, he can also claim compensation for moral damages. Therefore, personal The right has actually been transformed into a property interest.
There is no clear question in law as to how long the heir or legatee should be liable for The obligation to protect personal rights in works. Because the existence of personal rights is not limited by time, and the property rights they inherit or bequeath can usually only last for 50 years after the author’s death.
Because the right of publication has the dual nature of copyright property rights and personal rights, the law has given special treatment to it. "Copyright"Article 17 of the Regulations for the Implementation of the Law stipulates: "For works that have not been published during the author's lifetime, if the author has not explicitly stated not to publish them, the right to publish them can be exercised by the heirs or legatees within 50 years after the author's death."
The above is the editor’s introduction to this issue. Copyright property rights are rights enjoyed by the author. They can be transferred under certain conditions and must be transferred in accordance with regulations. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.
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