Whether copyright is automatically obtained and what are the ways to obtain it
How to obtain moral rights of copyright The connotation includes the right of publicity, the right of name expression, and the right to prohibit others from using the work to damage the reputation of the author in a distorted or altered manner. Copyright property rights are intangible property rights that are based on human intelligence and are therefore a type of intellectual property rights, including reproduction rights, public dictation rights, public broadcast rights, public screening rights, public performance rights, and public transmission rights. Right of public display, right of modification, right of distribution, right of rental, etc. Copyright protects the expression of ideas, not the ideas themselves. While protecting private property rights, the accumulation of civilization and the dissemination of knowledge must be taken into consideration. Algorithms, mathematical methods, technology or machine designs are not covered by copyright. Object of protection.
(1) Automatic acquisition system. Automatic acquisition of copyright means that the copyright is acquired naturally due to the legal fact that the creation of the work is completed and the work is formed, and there is no need to perform any formalities. This method of obtaining copyright is called "no formality doctrine" or "automatic protectionism".
(2) Registration and acquisition system. Registration acquisition means that registration is a condition for obtaining copyright. Copyright can only be generated after a work is registered. The principle of obtaining copyright registration is also called registration doctrine.
(3) Other acquisition systems. Other ways to obtain copyright include: the work must be tangibly fixed in order to obtain copyright; copyright can be obtained with a copyright mark.
What does automatic copyright acquisition mean?
Principle of automatic protection , means that copyright arises from the date of completion of the creation of the work without the need to perform any formalities such as review and registration, also known as the no-formality principle. In countries that have established systems, most of them implement this principlebut. The Berne Convention also confirms the principle of automatic acquisition.
However, it should be noted that automatic acquisition of copyright means that the copyright is obtained without any formalities, but it does not mean that the copyright does not need to meet any conditions. The copyright laws of various countries all stipulate a prerequisite, that is, the author of the work must be a "qualified person" under the copyright law of that country, otherwise it will not be protected. The so-called "qualified persons" generally include domestic citizens and foreign citizens under certain conditions. National citizens are protected by copyright law as long as they create works, while foreign citizens generally need to meet certain conditions, such as the first time the work is published in the home country, the first time the work is published in a country that has signed a bilateral agreement with the home country or has participated in a joint venture with the home country. Published in countries with the same international copyright treaty, etc.
Some countries also attach some other conditions, which is called the principle of conditional automatic protection. For example, U.S. law requires domestic authors to affix a copyright mark on copies of their works. The Universal Copyright Convention also recognizes this approach. Copyright marks usually include three items: (1) A statement such as "No reproduction allowed" or "Copyrighted", or a perfect circle outside the English abbreviation letter c of such statement. If it is an audio-visual product, It is the letter p with a perfect circle outside; (2) the name or title and its abbreviation; (3) the publication date of the work.
Based on the above introduction, automatic acquisition of copyright means that no formalities are required for the acquisition of copyright. I believe that after reading the above introduction, everyone has a certain understanding of the legal knowledge about how to obtain copyright. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
No comments yet. Say something...