How to distinguish authorship and copyright
Signature Copyright is the most basic right in copyright and the most basic right in civil rights.
Copyright applies to computer programs, literary works, music Legal ownership of reproduction rights of works, photographs, films, etc. Copyright is generally considered to belong to the author unless transferred to another party. Most computer programs are protected not only by copyright but also by a software license. Copyright only protects the expression of an idea, not the idea itself. Algorithms, mathematical methods, techniques or machine designs are not protected by copyright. The term copyright has gradually evolved
Basic concept of authorship
The right of authorship is a right of personal rights in copyrights, and various countries The law has provisions. There are two main views on what the right of authorship is: the first view is theAs stipulated in Article 10 (2), the right of signature means the right to indicate the identity of the author and to sign his name on the work. The second view is that the right of authorship refers to the author's right to mark his or her name on the works and their copies, also known as the right of name expression.
When understanding the meaning of authorship, you should pay attention to the following points:
The subject of authorship. The subject of authorship is the author, but the author is not the same as the natural person who created the work. According to the provisions of Articles 11 and 17 of the Chinese Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or unincorporated unit regarded as the author; third, the author is clearly stipulated in the commission contract. The natural person, legal person or unincorporated unit that obtains authorship. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.
The objects of the right of authorship mainly include "work theory" " and "Personal Interest Theory". Agree with the "personality interest theory". Because according to general theory, what personality rights want to protect is certain personality interests. Although the right of signature is a personality right in civil law and not an identity right, it should naturally have certain interests as its object. What is this kind of object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's free-will privacy interest in whether and to what extent his or her identity should be concealed or disclosed.
Main content
The sum of various specific uses of the right of signature constitutes the content of the right of signature. Clarifying the content of the right of signature can provide a clearer understanding of the right of signature, which is conducive to the protection of the right of signature. The right of signature should have the following content:
Right of signature Signature or the right to decide not to sign
because the right to sign is Authors have the right to disclose their authorship and their relationship to the work, so they can choose to disclose their authorship or not. If you decide to disclose your identity, you can sign your real name or another name known to the public; if you decide not to disclose your identity, you can sign a pseudonym or not. Not signing is also called anonymity. Anonymity does not mean that the author has given up the right to authorize or has no right to authorize. Anonymity is also a way to exercise the right of authorship, or it is an act of disposing of the author's right to authorize.
Right of signature and right to decide the signature method
The right to decide whether to sign under his real name, pen name, alias or pseudonym . The choice of signature method often reflects the author's choice to disclose or conceal his or her authorship, and to what extent. Signing his or her real name or pseudonym makes the author's identity public; signing other names that are less well known or unknown to others often conceals one's authorship partially or completely.
The above is the editor of Legal Savior Network who has found a lot of relevant information about copyright and authorship rights on the Internet for everyone. The content of authorship rights and its difference from copyright are mentioned above. I hope you can understand it after reading it. There are many rights in the Internet, and I hope everyone will remember their relationship one by one and avoid making any mistakes! If you have any questions, please feel free to consult a lawyer on this website.
