How to determine the copyright heir
1. If the copyright belongs to a citizen, after the citizen dies, the right to use and obtain the work During the protection period stipulated in the Copyright Law, the right to remuneration is transferred in accordance with the provisions of the inheritance law, that is, the heir can become a new obligee of the copyright property through inheritance activities. The method can be either legal inheritance, testamentary inheritance, or acceptance of a legacy. In addition, according to Article 18 of the Copyright Law: “The transfer of the ownership of the original works of art and other works shall not be regarded as the transfer of the copyright of the work, but the exhibition right of the original works of art shall be enjoyed by the original owner.” Therefore, if the ownership of the original works of art and other works is The copyright has been transferred to others during the author's lifetime, but the copyright except the exhibition rights still belongs to the author. After the author dies, the copyright of such works is also the subject of inheritance.
2. If the copyright belongs to a legal person or an illegal unit, after the legal person or illegal unit is changed or terminated, the right to use the work and the right to receive remuneration shall be stipulated in the Copyright Law. During the protection period, it is enjoyed by the legal person or unincorporated unit that assumes its rights and obligations; if there is no legal person or unincorporated unit that assumes its rights and obligations, it is enjoyed by the state.
3. After the death of one of the co-authors, if no one inherits or bequeaths the right to use and receive remuneration for the collaborative work, the other co-authors shall Author enjoys.
It can be seen that the property rights of works, that is, the right to use the work and the right to receive remuneration, can be inherited according to law. As for the personal rights of works, my country's Copyright Law stipulates that they cannot be the subject of inheritance, but the Copyright Law also stipulates that the author's signature rights, modification rights, and rights to protect the integrity of the work are not subject to time limits.
Concerning the right of publication in personal rights of works, Article 21 of the Copyright Law stipulates that the right of publication of citizens’ works, Article 10, Paragraph 1 of this Law, The protection period of the rights stipulated in Items (5) to (17) is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; in the case of a collaborative work, the period ends On December 31, the fiftieth year after the death of the last author.
Copyright belongs toOnce the author dies, his descendants can inherit and use it, but the above-mentioned conditions must be met. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.
No comments yet. Say something...