1. Whether creativity is protected by copyright law
1. Creativity is not protected by copyright law. However, if the creativity is embodied in a tangible way and forms a work in the legal sense, the creativity can obtain the copyright of the work in accordance with the copyright law and be protected by the copyright law.
2. Legal basis: According toArticle 3 of the "Copyright Law of the People's Republic of China" It is stipulated that The Works referred to in this law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:
(1) Written works;
(2) Oral works;
(3) Art works of music, drama, folk art, dance and acrobatics;
(4) Fine arts , architectural works;
(5) Photographic works;
(6) Film works and Works created using a method similar to filmmaking;
(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;
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(8) Computer software;
(9) Other works stipulated in laws and administrative regulations.
2. How to protect the copyright of copied works
1. Copy works of works without copyright Protection of copyright
If the copying object is a work without copyright protection, the copying author enjoys full copyright moral rights and copyright property rights. It should be pointed out that the copying work The author can only sign his own name, not the name of the author of the original work, otherwise it will constitute fraud on the public.
2. Copyright Copyright protection for copies of works within the protection period
If the original work of the copied work is still within the copyright protection period, the copyright to the copied work shall be exercised in accordance with the copying Whether the work is the result of the copying author's fair use of the original work is distinguished. It should be noted that regardless of whether it is a fair use, the copying author can exercise the copyright moral rights of the copied work without restriction, including the copying author. The right to authorize, publish, modify and maintain the integrity of the content of the work. Since the copied work is the labor result of the copyist, these copyright moral rights are inherent to the author of the copied work and are closely connected with his personality, even if he is the copyright holder of the original work It should not prevent the author of the copied work from exercising these rights.
Once the author of the copied work exercises his copyright beyond the scope of fair use, the property of his copyright The exercise of rights must obtain the permission of the copyright holder of the original work. Otherwise, due to the special nature of the copied work, it will inevitably infringe the author's exercise of the copyright of the original work.I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
