(1) General principle-copyright belongs to the author.
Author refers to:
1) Natural person author - a citizen who creates A work;
2) Author of a legal person or other organization - a work 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 Other organizations are regarded as authors;
3) If there is no proof to the contrary, the citizen, legal person or unincorporated unit that signs the work is the author.
(2) If the copyright belongs to other natural persons, legal persons or other organizations, in accordance with the "Civil Code", "Company Law", "Civil Code" and "Copyright Law" Treat them separately.
1. Copyright of professional works. Service works refer to works created by citizens to complete the work tasks of legal persons or other organizations.
Its ownership:
1). The author’s right of signature belongs to the author, and other rights belong to the unit:
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(1) Engineering design, product design drawings and their descriptions, computer software, and maps created using the unit's material and technical conditions and for which the unit is responsible;
(2) Works for which the copyright is stipulated in laws, administrative regulations or contracts and is enjoyed by the unit.
2) The copyright of other professional works belongs to the creator, and the unit has the right to priority use within its business scope. 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.
2. Copyright of collaborative works. It refers to a work created jointly by two or more people.
Conditions:
1) Consensus for joint creation;
2) The act of joint creation. Its ownership: The copyright is shared by the co-authors: (1) If it can be used divisibly, the authors can enjoy separate copyrights for the parts they created, but the entire collaborative work must not be infringed upon when exercising the copyright. (2) If the use is indivisible, the copyright shall be jointly enjoyed by all co-authors and shall be exercised through consensus; if consensus cannot be reached, no party shall prevent the other party from exercising other rights except the right of transfer without justifiable reasons, but the proceeds shall Reasonable distribution.
3. Copyright of commissioned works. Refers to works created on commission from others. Its ownership: The ownership of copyright is determined by the contract between the client and the trustee. Agreement. If there is no explicit agreement in the contract or no contract is concluded, the copyright belongs to the trustee.
4. Copyright of film and television works. The copyright belongs to the producer. Director, screenwriter Authors of lyrics, compositions, photography, etc. have the right of signature. Authors of scripts, music, and other works that can be used independently have the right to exercise their copyright alone.
5. Compilation works Copyright. Including: compilation of several works, fragments of works or works that do not constitute a work, data or other materials, and works that reflect originality in the selection or arrangement of their contents. Attribution: The copyright is enjoyed by the compiler.
6. Copyright of derivative works. Also known as derivative works and re-created works, they refer to works based on original works that have been re-created, including adaptation, translation, A work created by annotating and organizing existing works. Its ownership: its copyright belongs to the person who adapts, translates, annotates, and organizes it. When exercising copyright, the copyright of the original work must not be infringed. Multiple interpretations must be authorized layer by layer
7. Copyright of artistic works. The copyright belongs to the creator. After the original work is transferred, the transfer of ownership of the original works of art and other works is not regarded as a transfer of copyright, but the exhibition right of the artistic work is vested in the original Everyone enjoys it.
8. Copyrights of foreigners and stateless persons. Not all works of foreigners and stateless persons are protected. The works of foreigners and stateless persons are protected under the following circumstances. Protection:
A. Principle of reciprocity: The foreigner or stateless person’s country of origin or habitual residence has signed a bilateral copyright agreement with China or jointly participated in international If there is a copyright treaty, protection shall be granted in accordance with the agreement or treaty;
B. Territorial principle: If the works of foreigners or stateless persons are published for the first time in China, they shall be protected by law. ;
C. Principle of reciprocity plus geography: The works of foreigners and stateless persons are protected by law if they are first published in a member country of an international copyright treaty to which China is a party or published simultaneously in a member country and a non-member country.
