Copyright ownership
Article 11 of the "Copyright Law of the People's Republic of China" stipulates: "Copyright belongs to the author. This law Unless otherwise provided, the citizen who creates the work is the author. For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author.
General provisions
If there is no proof to the contrary, the citizen, legal person or other organization that signs the work is the author. "
Special Provisions
1. Adaptation, translation, annotation and arrangement of existing works For a work, the copyright belongs to the person who adapted, translated, annotated, and organized it; 2. For a work created jointly by two people, the copyright belongs to the co-creator jointly; 3. If the jointly created work can be divided and used, the authors have separate copyright for the parts they created. ; 4. The copyright of compilation works is enjoyed by the compiler; 5. The copyright of film works and works created by methods similar to filmmaking is enjoyed by the producer; 6. Scripts in film works and works created by methods similar to filmmaking The author of a work that can be used alone, such as music, music, etc., can exercise the copyright alone; 7. Except for work that should be enjoyed by a legal person or other person, the copyright belongs to the author of the work by a citizen; work by a citizen refers to a work completed by a citizen for a legal person or other person The copyrights that should be enjoyed by legal persons and other organizations for works created by other organizations’ work tasks refer to: “1. Engineering design drawings and products that are mainly created using the material and technical conditions of legal persons or other organizations, and for which legal persons or other organizations bear the responsibility Design drawings, maps, computer software, etc.; 2. The copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts; 8. For entrusted works, the copyright is stipulated in the contract between the client and the trustee; 9. When the ownership of the original work of art is transferred, the copyright remains with the author; 10. If the copyright belongs to a citizen, after the citizen dies, his right to publish, use, and receive remuneration shall be transferred to his heirs in accordance with the provisions of the Civil Code during the protection period; 11 ,Copyright belongs to legal persons and other organizations. Legal persons and other organizations change or endThe right to publish, use, and obtain remuneration in the copyright shall be transferred to the legal person or other organization that assumes the rights and obligations during the statutory protection period. Legal persons or other organizations that do not bear the rights and obligations shall be enjoyed by the state.
Acquisition method
Copyright ownership is automatically obtained and registered. In China, according to the copyright law, copyright automatically becomes available upon completion of the work. The so-called completion is relative. As long as the object of creation meets the statutory conditions for the composition of a work, it can be protected by copyright law as a work. Currently, you can apply for registration through the China Copyright Protection Center and the registration departments of the competent departments of provinces and municipalities. The ownership of copyright in the form of digital works can also be registered through the third-party registration centers run by various associations or through the third-party registration centers supported by trusted third parties that can prove that the works are registered. Institutions that certify time can also choose to integrate and integrate various digital copyright technologies and popular copyright certification protection platforms supported by trusted third-party groups such as authoritative timestamp notary offices and notary mailboxes to independently store certificates and release smart certifications for the first time, and obtain Preliminary proof of the ownership of the work, through judicial appraisal when necessary, is the core guarantee to enhance the legal efficiency of the evidence. It has been popular in many European and American countries for many years. In theory, copyright can be divided into authorship rights and related rights according to their different natures.
The above is the information related to copyright ownership collected and compiled by the editor of Legal Savior Network for you. The general regulations, special regulations and acquisition methods of copyright ownership are very clear. explanation of. If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
