How to interpret the 2022 Copyright Law Implementation Regulations
Copyright Protect "equality between China and foreign countries"
In accordance with the newly promulgated regulations of the State Council According to the Implementing Regulations of the Copyright Law, any copyright holder who is a member of the WTO, whether domestic or foreign, will receive equal treatment in terms of copyright protection. This is a modification made by our country in accordance with the commitments made by China's accession to the WTO.
According to reports, the original implementation regulations stipulated that foreign-related Copyright administrative cases are handled by the National Copyright Administration. In this way, overseas rights holders have no right to complain to the local copyright administrative department. The new regulations cancel this restriction and stipulate that local copyright administrative departments also have the right to accept foreign-related copyright cases.
In addition, in the original regulations, for overseas performers The protection of sound recording producers and radio and television organizations is also inconsistent with WTO rules.
The new regulations strengthen the protection of foreign-related copyrights . According to the new regulations, the performances of foreigners and stateless persons in China, as well as the rights enjoyed by their performances in accordance with international treaties to which China is a party, are protected by copyright law; the sound recordings produced and distributed by foreigners and stateless persons in China , as well as the rights enjoyed by the sound recordings produced and distributed by it in accordance with the international treaties to which China is a party, are protected by the copyrightCopyright law protection; the rights that foreign radio stations and television stations enjoy in the radio and television programs they broadcast in accordance with international treaties to which China is a party are also protected by copyright law.
Acrobatics, architecture, and models also have copyrights
The just-promulgated Implementation Regulations of the Copyright Law further explain the specific meaning of acrobatics, architecture, and model works, which were newly added protection items in last year's revision of the Copyright Law. According to the regulations, the protection of these works mainly refers to among them The artistic part.
New regulations stipulate that acrobatic arts protected by copyright Works refer to acrobatics, magic, circus and other works expressed through physical movements and skills. This is essentially the protection of the artistic elements of acrobatics. The difficulty of movements and techniques shown in acrobatics are not protected by copyright. The same is true for similar competitive events such as skating, gymnastics, diving, jiu-jitsu, etc., because the action design of such competitive events is essentially different from works protected by copyright. The former is designed to encourage actors, athletes, etc. to imitate and reach new levels of difficulty; Once the latter is determined by law as a subject of copyright protection, it means that others are prohibited from imitating, copying, performing, etc.
Architectural works in the new regulations refer to construction Aesthetically significant works expressed in the form of objects or structures are architectural objects, but this does not mean that my country’s copyright law only protects the building itself. Because architectural design drawings and architectural models are included in the protection categories of engineering design drawings and model works respectively.
Model works are for display, testing or observation For other purposes, it is made in a certain proportion according to the shape and structure of the object.Three-dimensional works.
Interpretation provisions of the new regulations compared with the original regulations Many changes have also occurred. Part of it is that certain definitional provisions have been elevated to law after the revision of the Copyright Law, such as distribution rights, filming rights, adaptation rights, translation rights, etc. Become a specific aspect of the rights enjoyed by copyright owners; some interpretations have been modified and improved accordingly based on the accumulated experience in law enforcement. For example, the definition of dance works has been changed from "works expressed through continuous movements, postures, and expressions" to "through continuous movements, postures, and expressions" Works that express thoughts and emotions through movements, postures, expressions, etc."
There are standards for administrative penalties for infringement of others' copyrights
For those who infringe copyright and harm social and public interests, administrative penalties include Clarified standards: If an infringement act stipulated in the Copyright Law occurs and harms public interests at the same time, the copyright administrative department may impose a fine of less than three times the illegal business volume; if the illegal business volume is difficult to calculate, a fine of less than 100,000 yuan may be imposed.
This article in the newly promulgated Copyright Law Implementation Regulations The regulations aim to enhance the operability of administrative law enforcement. Administrative law enforcement officers determine the amount of fines for individual cases based on the degree of subjective fault of the infringer, the length of the infringement, the scope of the infringement, etc., within the range specified in the implementation regulations, and based on the principle of discretion.
The regulations also include special provisions to empower all levels of copyright administration Departmental law enforcement subject qualifications. According to the regulations, if there are infringements listed in the copyright and at the same time harm the public interests, the copyright administrative department of the local people's government will be responsible for investigating and punishing the infringement. The copyright administrative department of the State Council can investigate and deal with infringements that have a significant impact across the country. This article divides the copyright administrative department of the State Council and the local people's governmentThe scope of punishment is within the scope of the government’s copyright administrative department, that is, general administrative cases are under the jurisdiction of the local people’s government’s copyright administrative department. It is understood that because the copyright administrative departments of local people's governments, especially the grassroots copyright administrative departments at the prefectural and municipal levels, have played a very important role in combating piracy and maintaining the market economic order of fair competition, over the past 10 years, all provinces and autonomous regions have , the people's governments of municipalities directly under the Central Government have established copyright management departments in some local and municipal governments based on the actual local conditions.
Using works without permission must adhere to the "two no's" "Standards
In accordance with the newly promulgated Implementation Regulations of the Copyright Law , the use of published works without the permission of the copyright owner must adhere to the "two no's" standard: it must not affect the normal use of the work, and it must not reasonably damage the legitimate rights and interests of the copyright owner.
The Copyright Law that was just revised at the end of last year stipulates that You can use other people's works for free without permission in the following situations:
For personal study, research or appreciation, use the published works of others; to introduce, comment on a certain work or explain a certain issue, appropriately quote the published works of others in the work; to report current affairs news, in newspapers, journals, It is inevitable to reproduce or quote published works in radio stations, television stations and other media; newspapers, periodicals, radio stations, television stations and other media publish or broadcast political, economic, Current affairs articles on religious issues, except where the author declares that they are not allowed to be published or broadcast; newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast; for schools Classroom teaching or scientific research, translation or small copy of published works for use by teaching or scientific researchers, but not published or distributed; state agencies use published works within a reasonable scope to perform official duties; libraries, archives, memorial halls,Museums, art galleries, etc. copy the works collected by the museum for the purpose of display or preservation of editions; perform free performances of published works without charging the public or paying the performers; setting or displaying outdoor public works Copying, painting, photographing, and videotaping the artistic works in the place; translating the works created in Chinese language and written by Chinese citizens, legal persons, or other organizations into minority languages and writing works for domestic publication and distribution; changing the published works into Braille publishing.
In addition, in order to implement the nine-year compulsory education and When compiling and publishing textbooks for the purpose of national education planning, fragments of published works, short written works, musical works, or single pieces of fine art or photographic works may be compiled in the textbook without the permission of the copyright owner (except where the author has stated in advance that no use is allowed) , but the remuneration must be paid in accordance with regulations, the name of the author and the title of the work must be specified, and other rights enjoyed by the copyright owner in accordance with this law must not be infringed.
"Two Nos" standards are not only stipulated by the WTO This is an important principle, and in the future, law enforcement agencies must not violate this provision when hearing cases and when everyone uses other people's works, such as using other people's works in school classroom teaching, reprinting between newspapers and periodicals, using other people's works to publish textbooks, or broadcasting other people's literature When a work of art.
In addition, the implementation regulations also take into account the requirements for the formulation of laws. Strict and moderate, should avoid overly strict regulations that hinder the conduct of legitimate transactions. It stipulates that under normal circumstances, the author's name should be indicated when using a work. Only in the case where the author's name is limited to the way the work is used, the user has the right not to indicate the author. Name, such as advertisement playback, short-term music playback on radio and television, etc.
How to define "service works"? What are the new regulations? A new way of saying
According to the Copyright Law and the newly promulgated implementation regulations, works created by citizens to complete the work tasks of a legal person or other organization are service works, and "work tasks" refer to the citizens' work in the legal person or organization. Responsibilities that should be performed. Among them, the term "work tasks" of the unit is the key to distinguishing duty and non-duty works in practice. Its accurate definition will avoid easily describing the work as duty work.
Concerning the ownership of copyright rights, the Copyright Law stipulates that copyright belongs to the author, the unit, the re-creator, Specific provisions are made on the ownership of copyrights of co-authors, compilers, film works, copyrights of work-for-hire works and commissioned works. The Implementing Regulations further clarify the circumstances of work-for-hire works and collaborative works.
For mainly utilizing the material and technical conditions of legal persons or other organizations (the material and technical conditions are Refers to the creation of engineering design drawings, product design drawings, maps, computer software and other professional works, or legal, administrative For work for which the copyright holder is owned by a legal person or other organization according to regulations or contracts, the author only enjoys the right of authorship, and other rights of the copyright are enjoyed by the legal person or other organization, and the legal person or other organization may reward the author.
For professional works that are not in the above circumstances, the copyright is enjoyed by the author, but the legal person or other The organization has the right to priority use within its business scope. Within two years after the work is completed, without the consent of the unit, the author shall not allow a third party to use the work in the same way as the unit uses it; with the consent of the unit, the author may allow a third party to use the work in the same way as the unit uses it. The remuneration for using the work in the same manner shall be distributed between the author and the unit according to the agreed ratio. The two-year period for completion of the work shall be calculated from the date the author delivers the work to the unit.
Regulations on the ownership of collaborative worksIt stipulates that if a collaborative work cannot be divided and used, its copyright shall be shared by all collaborators and shall be exercised by consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights other than transfer, but the proceeds shall It should be distributed reasonably among all collaborators. After the death of one of the co-authors, if no one inherits or bequeaths other copyrights to the collaborative work except the right to publish, authorize, modify and protect the integrity of the work, they shall be enjoyed by the other co-authors.
There is a time limit for payment of royalties - no more than 2 Month
The newly promulgated Implementation Regulations of the Copyright Law emphasize that, Copyright arises from the date of completion of the creation of the work. If someone uses another person's work, remuneration must be paid to the copyright owner within 2 months from the date of use of the work.
The regulations also stipulate that those who use other people’s works should Specify the name of the author and the title of the work; however, unless the parties agree otherwise or it is impossible to specify due to the characteristics of the way the work is used. The payment standards for the use of works shall be formulated and announced by the copyright administrative department of the State Council in conjunction with the pricing department of the State Council.
The new regulations stipulate that the use of other people’s works should be treated as copyright When a person enters into a licensing contract, the right to license is an exclusive right of use and must be in writing, except for works published by newspapers and periodicals. As for the exclusive right of use, the regulations stipulate that its content shall be stipulated in the contract. If the contract does not stipulate or the stipulation is unclear, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the work in the same manner. In accordance with the provisions of the Copyright Law, all future contracts involving the exclusive license or transfer of copyright must be in writing.
For book publishing contractsIt is agreed that the book publisher enjoys exclusive publishing rights. The regulations stipulate that if the specific content is not clarified, the book publisher will be deemed to have the right to publish the original version and revised version of the book in the same language within the validity period of the contract and within the geographical scope stipulated in the contract. Proprietary Rights.
The regulations also provide for a voluntary contract filing system. Failure to register does not affect the validity of the copyright, but since the copyright is automatically generated, the copyright holder often needs to pay a huge price to prove his or her identity as a subject when claiming rights, and also faces the same problem when conducting rights transactions. If the copyright owner can register the contract with a state agency and obtain a certificate, it will undoubtedly greatly reduce litigation costs and ensure transaction security.
The editor’s summary ends here. If you have more questions in this regard, you are welcome to come to the Legal Savior website for consultation, Legal Savior The website provides professional legal consulting services, and a professional team of lawyers will answer your questions.
