Whether the work enjoys copyright once it is created
Yes, the work must be published in accordance with the Copyright Law whether it is published or not. 》Enjoy rights and are protected by law.
"Copyright Law of the People's Republic of China"
Article 2, Paragraph 1 Chinese citizens, legal persons or other organizations Works, whether published or not, enjoy copyright in accordance with this law.
Article 11 Copyright belongs to the author. This law Unless otherwise specified. The citizen who created 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.
If there is no proof to the contrary, the citizen, legal person or other organization who signs the work is the author.
The works created by citizens in paragraph 1 of Article 16 to complete the work tasks of legal persons or other organizations are service works. Except for the provisions of paragraph 2 of this article, Copyright is enjoyed by the author, but legal persons or other organizations have the right to priority use within the scope of their business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.
About the protection period of copyright
Article 20 of the Author’s Right of Authorship in the Copyright Law of the People’s Republic of China , the right to modify, and the right to protect the integrity of the work have no limit on the period of protection. Creators permanently enjoy the copyright of their creative works, and can bring relevant lawsuits against others for infringement of their copyright without interference from others.
Article 21 The works of citizens, their The right of publication and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for the life of the author and fifty years after his death, ending on the fiftieth year after his death. December 31st; if it is a joint work, the deadline is December 31st of the fiftieth year after the death of the last author.
Works and copyrights (signatures) of legal persons or other organizations (Excluding rights) For professional works enjoyed by legal persons or other organizations, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for fifty years, ending on December 31, the fiftieth year after the work was first published, but if the work has not been published within fifty years since its creation, this law will no longer protect it.
Film works and creations using methods similar to filmmakingFor works and photographic works, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for fifty years, ending on the fiftieth anniversary of the first publication of the work. On December 31 of the year, if the work has not been published within fifty years since its creation, this law will no longer protect it.
The above knowledge is the editor’s analysis of relevant legal issues According to the relevant laws and regulations of our country and their relevant interpretations, we can know that once the work is created, the author still enjoys the copyright. However, for the sake of insurance, it is still necessary to register with the relevant departments to prevent others from illegal infringement. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...