1. How to divide the ownership of copyright after the death of a citizen
According to Article 10 of the Copyright Law, the copyright owner has the right to copy rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights and other rights that should be enjoyed by the copyright owner. The copyright owner can license others to exercise or transfer the above rights and receive compensation. After his death, these rights are transferred in accordance with the provisions of the Civil Code of my country. There are five forms of transfer:
(1) Transfer through legal inheritance. That is, after the author dies, the right to use his copyright and the right to receive remuneration shall be inherited by his heirs in accordance with the order of succession stipulated in the Civil Code.
(2) Transfer through testamentary inheritance. That is, after the author dies, the right to use the copyright and the right to receive remuneration will be inherited by the legal heir designated in the author's will.
(3) Transfer by bequest. That is, after the author dies, the right to use his copyright and the right to receive remuneration will be inherited by citizens, legal persons or other organizations other than the legal heirs designated in his will.
(4) Transfer through legacy support agreement. That is, after the author dies, the right to use his copyright and the right to receive remuneration will be inherited by the caregiver or collective ownership organization that has the right to receive the legacy specified in the bequest and support agreement.
(5) If no one inherits the author's right to use the copyright and the right to receive remuneration, and there is no legatee to accept the bequest, it shall be owned by the state or collective ownership organization.
2. How to divide the copyright ownership after the legal person changes
The copyright belongs to the legal person or other organization. After the legal person or other organization is changed or terminated, its copyright rights include reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, and compilation rights. and other rights that should be enjoyed by the copyright owner, within the protection period stipulated in this Law,Transfer it to the legal person or other organization that assumes its rights and obligations. If there is no legal person or other organization that assumes its rights and obligations, it shall be enjoyed by the state. Changing "unincorporated unit" to "other organization" here does not make a substantial change, but only standardizes the legal terminology.
3. The transfer of copyright mentioned in this article refers to the transfer of copyright property rights, that is, the right to use the work and the right to receive remuneration.
The personal rights of the copyright cannot be inherited or transferred. After the author dies, others may not delete or change the author's signature on his work. The right to modify the work may not be exercised by others without the authorization of the author.
The above is the editor's explanation for readers on the issue of "How to divide the copyright ownership after the legal person changes after the death of the citizen". The copyright ownership after the legal person changes after the death of the citizen. Article 1141 of the Copyright Law shall be implemented. If readers have any other legal issues that require consultation, please come to the Legal Savior Network and you will get satisfactory consultation results.
