How to determine the ownership of the copyright of re-created works
The right to adapt, translate, annotate and organize existing works obviously belongs to The copyright holder of an existing work.
The copyright ownership of re-created works is very difficult in practice. Issues that can easily lead to disputes.
Article 12 of the Copyright Law: Adaptation The copyright of works resulting from the translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but the copyright of the original work shall not be infringed upon when exercising the copyright. A correct understanding of the legislator's intention in this article is crucial to the accurate application of this article in practice.
According to Article 10 of the Copyright Law, copyright clearly includes rights such as modification rights, adaptation rights, translation rights, and compilation rights. Therefore, as stipulated in Article 12, the right to adapt, translate, annotate, and organize existing works obviously belongs to the copyright owner of the existing works. So, does it necessarily constitute infringement if others adapt, translate, annotate, and organize existing works without permission?
This needs to be treated differently according to the specific situation. The reason is that Article 22 of the Copyright Law stipulates twelve types of restrictions on the exercise of copyright. For example, according to the first paragraph of paragraph 1 of this article, for personal study, research or appreciation, you can use other people's published works without the permission of the copyright owner and without paying them remuneration. You only need to indicate the author's name and the title of the work. In commercial activities, for example, if you adapt other people's works for commercial purposes and publish them publicly without the consent of the author of the existing work, you will definitely infringe the right of adaptation and you should bear corresponding legal liability.
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