How does relinquishment of authorship rights occur
About authorship Question, my country's Copyright Law stipulates that the citizen who creates the work is the author, and the author has the right to indicate the author's identity and sign the work. The signature includes the real name or pseudonym. The author's right of authorship is protected for an unlimited period of time and is not transferable. In other words, in a copyright contract, any transfer, sale, or restriction clauses regarding the author's signature rights are illegal and invalid, and have no binding force on the author.
The right of authorship is the right to decide whether and how to indicate the author's identity. The act of others deleting the author's signature without authorization, adding the signature of others who did not participate in the creation, and changing the author's signature method are all acts that infringe upon the author's rights of authorship. If an agreement between the real author and others to transfer or waive authorship rights has no legal effect, the author can renege on the agreement at any time. However, benefits originally obtained from attempts to transfer or give up authorship rights are unjust enrichment, and others have the right to demand the author's return. On the contrary, if the agreement is protected by law, then the author has no right to claim the rights of authorship, otherwise it will constitute a breach of contract and bear corresponding legal liability.
While my country’s Copyright Law stipulates the right of signature, Transfers or waivers of authorship interests are also permitted.
Article 11, paragraph 3, of the "Copyright Law" stipulates: "Presided over by a legal person or other organization , for works created on behalf of the will of a 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." Article 17 of the "Copyright Law" stipulates: "For works created on commission, the copyright belongs to The principal and the trustee agree by contract." "Copyright" in this clause includes moral rights. These provisions absorb the rules of "works for hire" in the copyright law of the common law system and provide for specific circumstances.Provides a legal basis for the transfer or relinquishment of an authorship interest. Article 14 of the Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" stipulates: "If the parties agree to complete an autobiographical work based on the experience of a specific person, and the parties have an agreement on the ownership of the copyright, the agreement shall be followed. If there is no agreement, the copyright belongs to the specific person. If the writer or organizer has worked hard to complete the work, the copyright owner can pay him appropriate remuneration." It can be seen that our country's judicial practice also recognizes the transfer or abandonment of signature interests under specific circumstances. .
Judging from the relevant information compiled by the editor of Legal Savior Network, my country’s Copyright Law allows the waiver of the right of authorship. “The parties agree to use the experience of a specific person to For an autobiographical work completed based on the subject matter, if the parties have agreed on the ownership of the copyright, it shall be subject to their agreement. If there is no agreement, the copyright shall belong to the specific person. If the writer or organizer has contributed to the completion of the work, the copyright owner may pay him an appropriate amount. remuneration." It can be seen that the party concerned received appropriate remuneration and therefore gave up his right to authorize. If you still have more questions, Legal Savior Network also provides online consultation with lawyers. You are welcome to consult.
