Is the author's right of authorship reserved only for the author
The subject of authorship rights. The subject of authorship is the author, but the author is not the same as the natural person who created the work. According to the provisions of Articles 11 and 17 of my country's Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or non-legal entity regarded as the author; third, the author is clearly stipulated in the commission contract The natural person, legal person or unincorporated unit that obtains authorship. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.
The objects of the right of authorship mainly include "work theory" " and "Personal Interest Theory". The author agrees with the "personality interest theory". Because according to general theory, what personality rights want to protect is certain personality interests. Although the right of signature is a personality right in civil law and not an identity right, it should naturally have certain interests as its object. What is this kind of object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's understanding of himselfWhether the identity is concealed or disclosed and the extent of the concealment or disclosure method, freedom of will and privacy interests.
Content of authorship
The sum of various specific uses of the right of signature constitutes the content of the right of signature. Clarifying the content of the right of signature can provide a clearer understanding of the right of signature, which is conducive to the protection of the right of signature. The right of signature should have the following content:
(1) The right to decide whether to sign or not. Because the right of attribution is the author's right to disclose his or her authorship in connection with the work, the author can choose to disclose his or her authorship or not. If you decide to disclose your identity, you can sign your real name or another name known to the public; if you decide not to disclose your identity, you can sign a pseudonym or not. Not signing is also called anonymity. Anonymity does not mean that the author has given up the right to authorize or has no right to authorize. Anonymity is also a way to exercise the right of authorship, or it is an act of disposing of the author's right to authorize.
(2) The right to decide the signature method. That is, the right to decide whether to sign under his or her real name, pen name, alias or pseudonym. The choice of signature method often reflects the author's choice to disclose or conceal his or her authorship, and to what extent. Signing his or her real name or pseudonym makes the author's identity public; signing other names that are less well known or unknown to others often partially or completely conceals one's author identity.
(4) Right of signature instruction. If the work is published with a signature, others should indicate their signature when they publicly use it in various forms such as publishing, broadcasting or adaptation. Some people also call this right the right to indicate the name, and emphasize that the author's name must be specified when making public use.Name. The author thinks this is inappropriate. Because the author's name is also a very complicated issue. A person may have many names (in a broad sense), but often only one of them is signed by a certain work. Pointing out the author's other names when using the work may go against the author's original intention. Therefore, based on the nature of the right of authorship, when publicly utilizing one's works, one can only accurately indicate the name signed on the work without the author's prior special consent.
I hope that through the above content you can learn about the author's Have a more in-depth understanding of issues related to authorship rights. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
