How is the protection period of commissioned works determined?
In view of the fact that commissioned works are under copyright The issue of ownership is allowed to be determined by both parties in a contract, and the client and trustee are uncertain about citizenship, legal persons, and other organizations. The application of the protection period of such works should be based on the ownership of the work by the client. It is determined by two aspects: whether the entrusting party or the entrusted party is a legal person, another organization or a citizen. If the copyright belongs to the client, and the client is a legal person or other organization, the protection period for the works of the legal person or other organization should be applied, that is, fifty years after the work is first published; if the client is a citizen, the protection period for the work of a citizen should be The term of protection is calculated as "the life of the author and fifty years after his death". If the copyright is enjoyed by a trustee, the relevant rights protection period should also be applied based on the different circumstances of whether the copyright subject is a legal person or other organization or a citizen.
"Copyright Law" Article 21 The protection period for the publication rights of citizens’ works and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be the life of the author and fifty years after his death. The deadline is December 31st of the fiftieth year after the death of the author; 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 (except for the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations, and their right of publication, The protection period of the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work has If the creation is not published within fifty years after completion, this law will no longer protect it.
Film works and works created using methods similar to filmmaking, photographyFor a photographic work, 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 12 months after the fiftieth year after the first publication of the work. 31st of September, but if the work has not been published within fifty years since its creation, it will no longer be protected by this law.
The above knowledge is the editor's answer to the question "How is the protection period of commissioned works determined?" If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.
