How to determine the right to modify after the death of the copyright owner

When the Copyright owner is alive, the copyright should be enjoyed by the author, but many people are confused about how to determine the right to modify the copyright after the author dies? If you also have doubts in this regard, then today, the law The editor of Savior.com has compiled the following content to answer your questions. I hope it will be helpful to you.

How to determine the right to modify after the death of the copyright owner

After the death of a citizen, his or her copyright The right to authorize, modify and protect the integrity of the work shall be protected by the author's heirs or legatees. If the copyright has no one to inherit or bequeath, its right to authorize, modify and protect the integrity of the work shall be protected by the copyright administrative department. After the death of a citizen, other rights, such as the right to use and the right to receive remuneration, are transferred in accordance with the provisions of the inheritance law within the protection period specified by law.

The copyright heirs are as follows: ：

1. If the copyright belongs to a citizen, after the citizen dies, the right to use the work and the right to receive remuneration are transferred in accordance with the provisions of the inheritance law within the protection period stipulated in the copyright law, that is, the heir can become a copyright owner through inheritance activities. New rights holder of copyright property rights. 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 during the protection period stipulated in the Copyright Law 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, the If no one inherits or bequeaths the right to use and remunerate the collaborative work, it shall be enjoyed by other co-authors. 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. According to Article 15 of the Implementing Regulations of the Copyright Law, when an author dies, his copyright rights to authorize, modify and protect the integrity of the work shall be protected by the author's heirs or legatees. If the copyright has no one to inherit or bequeath, its right to authorize, modify and protect the integrity of the work shall be protected by the copyright administrative department.

The above is what the editor of Legal Savior Network introduces to you Legal knowledge on "How to determine the right of modification after the death of the copyright owner". The determination of the right of modification after the death of the copyright owner still depends on different circumstances. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.