How to understand broadcasting rights
1. What is broadcasting rights
Broadcasting rights refer to the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other transmission symbols, The right to communicate the work to the public through sound, image and similar means. Broadcasting rights mainly apply to written works, oral works, music, drama, folk arts, dance works, films, television and video works, etc.
2. Characteristics of broadcasting rights
(1) The subject of broadcasting rights is the copyright owner of the work;
(2) The object of broadcasting rights is works, mainly literary works, Dramatic works, musical works, etc. The control of wired devices and radio waves in our country determines that few copyright owners can directly exercise broadcasting rights. Copyright owners can often only exercise this right through authorized broadcasting stations.
3. Broadcasting rights Protection Period of Protection Rights
(1) The protection period of the broadcasting rights of citizens’ works is the lifetime of the author and 50 years after his death. , ends on December 31st of the 50th year after the death of the author; if it is a joint work, it ends on December 31st of the 50th year after the death of the last author.
(2) The works and copyrights (except for the right of authorship) of legal persons or other organizations are owned by legal persons or other organizations.The protection period of the broadcasting rights for the professional works enjoyed by the organization is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work is not published within 50 years after the completion of the creation, it will no longer be protected.
(3) The protection period of broadcasting rights for film works and works created using methods similar to filmmaking is 50 years, ending On December 31, 50 years after the work was first published, but the work has not been published within 50 years since its creation, it will no longer be protected.
"Copyright Law" Article 21 of citizens' works, their right to publish, Article 10, Paragraph 1 of this Law ( The protection period of the rights stipulated in items 5) to 17) is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the author's death; in the case of a collaborative work, the period ends at the end of Death occurs on December 31, the fiftieth year after the death of the author.
Works and copyrights (except for the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations, and their right of publication, The protection period of the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work has If the creation is not published within fifty years after completion, this law will no longer protect it.
Film works and works created by methods similar to filmmaking, and photographic works, the right of publication, Article 10, 1 of this Law The protection period of the rights stipulated in subparagraphs (5) to (17) of this paragraph is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication shall no longer be protected by this Law.
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