Does a legal person or other organization have copyright in his work?
The copyright holder Refers to the subject who enjoys copyright in a work. According to Article 10 of my country’s Copyright Law, copyright includes 4 personal rights and 13 property rights. Anyone who owns all or part of the copyright in a work is the copyright holder. Article 9 of the Copyright Law stipulates that copyright holders include: authors; other citizens, legal persons or other organizations that enjoy copyright in accordance with the Copyright Law. There are two ways to become a copyright owner. One is to originally obtain the copyright and become a copyright owner; the other is to inherit the copyright of another person and become a copyright owner. The author originally obtains the copyright based on the fact of creating the work; other citizens, legal persons or other organizations other than the author may obtain the copyright originally in accordance with the provisions of the law or the agreement of the contract, or they may inherit it through contractual transfer, inheritance or inheritance. Obtain copyright.
The author and the copyright holder are two different concepts . Even if the author signs the work, it cannot be concluded that the entire copyright of the work must belong to the signer. As the subject of copyright, the copyright owner can be recognized as the copyright owner as long as he owns a copyright in the work. As for whether the signer enjoys other copyrights to the work other than the right of signature, and what kind of copyrights he enjoys, it cannot be seen from the signature of the work, and requires a detailed analysis of the specific situation.
The right of authorship stipulated in Item 2 of Article 10, Paragraph 1 of the "Copyright Law" refers to "indicating the identity of the author" rather than "indicating the copyright owner" identity of". Article 16 of the "Copyright Law" stipulates that the right of authorship of special service works belongs to the author, and other copyrights belong to the author's unit. Article 22 of the "Copyright Law" stipulates the fair use of works, which states that "it is possible without the permission of the copyright owner, but the name of the author must be specified." It also distinguishes between authors and copyright owners.
In addition, the transferable rights stipulated in Paragraph 3 of Article 10 of the Copyright Law only refer to the property rights of the works; Article 25 also stipulates that the copyright transferred by the copyright owner is limited to the property rights of the works and does not include the property rights of the works. Personal rights. For legal person works, even if according to the provisions of Article 11, Paragraph 3 of the Copyright Law, the legal person or other organization acquires all copyrights, including the right of signature, when the work is completed, when the legal person or other organization transfers The property rights of the works, especially after the transfer of all property rights, the legal person or other organization only retains the personal rights of the copyright (regardless of whether it is appropriate to enjoy the personal rights of the copyright), which does not reflect that the signer has all the copyrights in the work. Similarly, when a legal person or other organization When a copyright is transferred by entering into a contract, what is transferred is only the copyright of the copyright, and the signature of the work cannot be changed to the name of the legal person or other organization just because it is a legal person or other organization.
Normally, the author enjoys all copyrights for his completed works. At this time, the author and the copyright holder completely overlap. However, in some cases, the different copyrights of the works due to transfer, inheritance , or even belong to the author and others other than the author according to the direct provisions of the law, resulting in the author and others other than the author sharing different copyrights for the same work. Therefore, there does not necessarily exist "the author signs the work - the author enjoys all "Copyright" logical relationship.
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