How to determine the subject qualifications for copyright litigation

With the development of the times, people's knowledge has become richer and their legal awareness has gradually strengthened. Therefore, while they continue to create, people also pay more attention to their copyright-related issues. In fact, authorship used to be called copyright. However, with the evolution of the times and the advancement of technology, the types of works have gradually increased, and the improvement of laws has begun to protect the rights of authors. So, how to determine the subject qualifications for copyright litigation? Today, the editor of Legal Savior Network has compiled the following relevant information for you, hoping it will be helpful to you.

How to determine the qualification of the subject of copyright litigation

The original subject of the copyright - the author (a natural person and a Legal person under certain conditions or unincorporated unit):

(1) The author is first of all a natural person. “The citizen who creates the work is the author.”

The conditions that the author must meet:

1. Be a person who directly participates in the creation. That is, people who create with the help of language, words, colors, lines, etc., to reflect their own creative personality and characteristics.

2. The way to confirm the author is that, unless there is proof to the contrary, the person who signs the work is the author.

3. The author produces works stipulated in the copyright law through creative activities. As the most direct and basic copyright subject, the author's rights are the first, that is, he enjoys complete and original copyright.

(2) Legal persons and non-legal entities are also regarded as authors under certain conditions. For any work hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an unincorporated unit, and for which the legal person or unincorporated unit bears responsibility, the legal person or unincorporated unit shall be regarded as the author.

If there is no proof to the contrary, the citizen, legal person or unincorporated unit that signs the work is deemed to be the author.

Articles 11 to 18 of the "Copyright Law" stipulate that there are 8 situations regarding copyright ownership. However, except for legal person works and professional works, basically who The work is original, and who is the author of the work is the copyright holder of the work, that is, the subject of the copyright.

It is in the case of originality. For the copyright obtained from the transfer, the personal rights and property rights of the copyrightProperty rights may be separate. Because according to the provisions of Article 10 of the Copyright Law, personal rights cannot be transferred, but property rights can be transferred. Therefore, according to the agreement between the two parties, the personal rights part of the copyright belongs to the author, while the property rights part may belong to the other party in the agreement. one party.