Is the copyright attribution agreement valid?
The copyright attribution agreement is valid.
1. The meaning of copyright
Copyright used to be called copyright. The original meaning of copyright is (edition and right), which is the right of reproduction. This is because printing technology was not popular in the past. At that time, society believed that the most important right attached to a work was the right to print and publish it, so it was called this. However, with the evolution of the times and the advancement of technology, the types of works have gradually increased.
2. Principle of attribution
1. Copyright belongs to the author; Except as otherwise provided by law. The citizen who created the work is the author. If the circumstances specified in Article 11, Paragraph 3 of the Copyright Law are met, the legal person or other organization shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
2. Cooperative works: For works created jointly by two or more people, the copyright is shared by the co-authors. People who did not participate in the creation cannot become co-authors. If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.
3. Compilation work: a compilation of several works, fragments of works, or data or other materials that do not constitute a work, and a work that reflects originality in the selection or arrangement of its content , is a compilation of works, and its copyright belongs to the compiler. However, when exercising the copyright, the copyright of the original work shall not be infringed.
4. Commissioned works: For commissioned works, the ownership of the copyright is agreed upon by the client and the trustee through a contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
5. VisualListening works: The copyright of film works and works created by similar methods of filmmaking is owned by the producer, but the screenwriters, directors, photographers, lyrics, composers and other authors have the right to authorize and have the right to follow the contract signed with the producer Get paid. Authors of scripts, music, and other works that can be used independently in film works and works created using methods similar to filmmaking have the right to exercise their copyright alone.
6. Works for service: Works created by ordinary citizens to complete the work tasks of legal persons or other organizations are works for service. Except for the provisions of paragraph 2 of this article, the copyright is owned by The author enjoys the rights, but legal persons or other organizations have the right to priority use within the scope of their business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit. Especially for works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the copyright shall be fully enjoyed by the unit.
7. Computer software: The computer software copyright holder refers to the natural person, legal person or other organization that enjoys the software copyright in accordance with the law. Software copyright arises from the date of completion of software development.
Now, creation is no longer the behavior of a small number of people. A good creation can attract a lot of attention, which in turn can bring significant profits to the owner. Therefore, the editor of Legal Savior Network would like to remind everyone that if you are creating or have plans to create in the future, you must pay attention to the copyright ownership agreement. If you still have related legal difficulties, please visit the Legal Savior website to contact our lawyers to solve the legal confusion around you.