How to reasonably distinguish between copyright and copyright
Copyright comes from the common law system Country is translated from English, and it can be seen from the word that its direct meaning is "copy". It is obvious that such countries pay more attention to the property rights of authors (this can also be seen from the fact that countries with common law systems have "legal person works"). Copyrights come from countries with civil law systems. On the contrary, mainland countries attach great importance to the personal rights of authors.
However, with the internationalization of intellectual property protection, everyone has a trend of common integration.
In our country, copyright is copyright, there is no difference. Copyright refers to the rights (including property rights and personal rights) that authors of literary, artistic, and scientific works enjoy over their works. There are two ways to obtain copyright: automatic acquisition and registration acquisition. In China, according to the copyright law, copyright automatically becomes available upon completion of the work. The so-called completion is relative. As long as the object of creation meets the statutory conditions for the composition of a work, it can be protected by copyright law as a work. In theory, according to different natures, copyright can be divided into copyright and neighboring rights. Simply put, copyright is for those who create related spiritual products, while the concept of neighboring rights is for those who perform or assist in the dissemination of works. In terms of industry participants, such as performers, audio and video producers, radio and television stations, publishing houses, etc.
What are the fair uses of copyright
my country Copyright Law Article 22 stipulates 12 ways of fair use:
1. Use other people’s published works for personal study, research or appreciation;
2. In order to introduce or comment on a certain work or explain a certain issue, appropriately quote the published works of others in the work;
3. To repayCurrent affairs news, citing published works in newspapers, periodicals, radio and television programs or news recording films;
4. Newspapers, periodicals, radio stations, TV stations publish or broadcast editorials and commentator articles that have been published by other newspapers, periodicals, radio stations, and TV stations;
5. Published by newspapers, periodicals, radio stations, and TV stations Or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;
6. Translation or a small amount of translation for school classroom teaching or scientific research Copy published works for use by teaching or scientific researchers, but shall not be published or distributed;
7. State agencies use published works for the purpose of performing official duties;
8. Libraries, archives, memorial halls, museums, For the needs of display or preservation of editions, art museums, etc., copy works collected by the museum;
9. Free performances of published works;
10. Copy, paint, photograph, and videotape works of art installed or displayed in outdoor public places;
11. Translate the published Han Chinese characters into minority languages and publish them domestically;
12. Convert the published works into Braille for publication. The above provisions apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio and television stations.
What are the ways to obtain copyright?
How to obtain copyright That is to say, the creation of copyright means that the author obtains copyright protection for his creative works and enjoys personal rights and property rights.
1. Automatic acquisition: that is, the copyright is acquired naturally due to the legal fact that the work is completed and formed into the work, and there is no need to perform any formalities. No formalism and automatic protectionism. The Berne Convention confirms the automatic acquisition system. Prerequisite: The author of the work must have the right toA “qualified person” to obtain copyright in that country.
2. Obtaining registration: that is, registration is a condition for obtaining copyright. Only after registration can a work generate copyright. Also known as registrationism. Although the Universal Copyright Convention does not require registration as a condition for obtaining copyright, it does not prohibit its member states from requiring registration procedures as a prerequisite for obtaining copyright.
3. my country’s copyright law refers to the common practices of various countries and adopts the principle of automatic acquisition. At the same time, based on the actual situation in our country, the "Copyright Law" has corresponding provisions on the requirements for "qualified persons":
(1) Chinese citizens, legal persons or other organizations Works, whether published or not, enjoy copyright in accordance with this law.
(2) The works of foreigners and stateless persons can be enjoyed in accordance with the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both countries are parties. Copyrights shall be protected by this law.
(3) Foreigners or stateless persons whose works are first published in China shall enjoy copyright in accordance with this Law. If the work is published in China within 30 days after it is first published abroad, the work will be deemed to be published in China at the same time.
(4) The works of authors from countries that have not signed an agreement with China or an international treaty to which China is a party, as well as stateless persons, are first published in a national treaty that China is a party to. Published in a member state, or published simultaneously in a member state and a non-member state, shall be protected by this law.
The above knowledge is the editor's answer to the question "How to reasonably distinguish between copyright and copyright". Copyright and copyright are actually the same, but our country's law divides copyright into It is called copyright, and copyright is the term used in European and American countries. The nature of the two is the same. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
