How long is the protection period for photographic works
The protection period is the life of the citizen and fifty years after his death. It starts from the date of creation and ends on December 31st of the fiftieth year after the death of the citizen.
Article 20 of the "Copyright Law" stipulates: " The protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited." In other words, the right of signature, right of modification, and right to protect the integrity of the work are enjoyed by the author for life. After the author's death, these three Personal rights do not disappeared upon the death of the author. According to the "Regulations for the Implementation of the Copyright Law": "After the death of the author, the right to sign, the right to modify, and the right to protect the integrity of the work in the copyright shall be protected by the author's heirs or legatees. If there is no one to inherit the copyright and no one to be bequeathed, Its right to authorize, modify and protect the integrity of the work are protected by the copyright administrative department."
In addition, if the author is a legal person or other organization, after its change or termination, the authorship rights, The right to modify and protect the integrity of the work is protected by the legal person or other organization that assumes its rights and obligations. Therefore, if after the death of the author, others infringe on any of the above three personal rights of copyright, the heir or legatee, legal person or other organization that assumes the rights and obligations shall be the administrative department of copyright law in the corresponding manner.The right to come forward for protection under certain circumstances.
Personal rights and property rights of copyrights can exist independently of each other Therefore, the protection period of the personal rights of the copyright is not limited by the protection period of the copyright property rights. In other words, even if the copyright term of the copyright expires, the personal rights of the copyright still exist and are protected by law. In our country, moral rights include the right of authorship, the right of modification, the right to protect the integrity of the work, and the right to publish.
But one thing that needs to be explained here is: the right of publication Although it is a right within the personal rights of a work, the right of publication is a right that is directly related to the economic benefits of the work and is often exercised together with the property rights of the work. Therefore, the Copyright Law stipulates the same protection period for the personal right of publication and the property right of the copyright.
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