How is the right to authorize the work
The right to authorize a work is the author’s request to others based on his creative behavior Recognition of one's right to create a work is the author's most basic right and is the prerequisite and basis for exercising other copyright powers. The exercise of the Right of authorship is used to indicate the author's identity in most cases. Authorship is therefore a form of authorship.
The author has three situations:
First, the natural person who created the work;
Second, the legal person or unincorporated unit regarded as the author;
Third, the authorship is obtained by clear agreement in the commission contract Natural person, legal person or unincorporated unit.
The specific content includes:
1. Decide whether to sign the work;
2. Decide how to sign, such as real name or pen name;
3. Determine the order of signatures;
4. People who did not participate in the creation are prohibited from signing the work;
5. To prohibit others from counterfeiting their signatures, that is, to prohibit others from using their own names or pen names to sign other people’s works.
The right to name, as a right of the personal right of a work, is stipulated in the laws of various countries. There are two main views on what the right of authorship is: the first One view is that Article 10(2) of China’s Copyright Law stipulates that the right of authorship refers to the right to indicate the identity of the author and to sign his name on the work. The second view is that the right of authorship refers to the author’s right to sign his or her name on the work he or she created. The right to mark your name on copies, also known as the right to name representation.
The subject of the authorship right. The subject of the authorship right is the author, but the author is not the same as the natural person of the creative author. According to our country'sAccording to Articles 11 and 17 of the Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or non-legal entity regarded as the author; third, the author is clearly stipulated in the commission contract. A natural person, legal person or unincorporated unit that obtains authorship. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.
The objects of the right of authorship mainly include "work theory" " and "Personal Interest Theory". The author agrees with the "personality interest theory". Because according to general theory, what personality rights want to protect is certain personality interests. Although the right of signature is a personality right in civil law and not an identity right, it should naturally have certain interests as its object. What is this kind of object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's free-will privacy interest in whether and to what extent his or her identity should be concealed or disclosed.
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