1. Judicial Interpretation of Copyright Disputes
Copyright disputes refer to the dispute between the copyright owner and the user of the work or any other third party , disputes arising out of the exercise of copyright.
Copyright disputes include copyright infringement disputes and copyright contract disputes. The former refers to the dispute between the parties to the dispute on whether the actor's behavior constitutes an infringement, whether he bears infringement liability, what kind of liability he bears and who bears it. The latter refers to disputes between the parties to a contract regarding issues that arise during the conclusion and performance of the contract.
2. What is copyright
Copyright used to be called copyright. The original meaning of copyright is copyright, 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. The British "Anna Statute", the world's first copyright law, began to protect the rights of authors, not just publishers. In 1791, France promulgated the "Performance Rights Law" and began to attach importance to protecting the author's performance rights. In 1793, the "Author's Rights Act" was promulgated, and the author's moral rights received further attention.
3. Copyright rights content
According to legal provisions, copyright includes personal rights and property rights. Specifically As follows:
1. Personal rights of author: right of publication, right of signature, right of modification, right of protecting the integrity of the work.
2. Copyright rights: reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, Adaptation rights, compilation rights, translation rights and other rights that should be enjoyed by the copyright owner.
For relevant laws, please refer to:
Article 10 of the "Copyright Law of the People's Republic of China" Copyright includes the following personal rights and property rights:
(1) The right of publication, that is, the right to decide whether the work will be made public;
(2) The right of signature, that is, the right to indicate the author’s identity and the The right to sign;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) The right to reproduce, that is, the right to print, copy, The right to make one or more copies of the work by rubbing, recording, videotaping, dubbing, re-photographing, etc.;
(6) Distribution rights, that is, selling or giving away The right to provide the original or copy of the work to the public;
(7) The right to rent, that is, to allow others to temporarily use the film work and use similar methods of making films for a fee Rights to creative works and computer software, except that computer software is not the main subject of rental;
(8) Exhibition rights, that is, the right to publicly display works of art and photography The right to the original or copy;
(9) Performance right, that is, the right to perform the work publicly and to publicly broadcast the work by various means;
(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;
p>(11) Broadcasting rights, that is, 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 similar means of transmitting symbols, sounds, images, to disseminate broadcast works to the public;
(12) The right to disseminate information network, that is, by wired or wireless Provide the work to the public in a manner that enables the public to obtain the rights to the work at a time and place of their own choosing;
(13) Filming rights, that is, toThe right to make a movie or fix the work on a carrier in a similar way to making a movie;
(14) The right to adapt, that is, to change the work and create something original The right of a new work;
(15) Translation right, that is, the right to convert a work from one language into another language;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
From the above we know that copyright is generally speaking copyright. Copyright rights include the right to publish, the right to modify, the right to copy, etc. The seventeen articles above also have implications for copyright disputes. Got a general understanding. The above is the relevant information compiled by the editor of Legal Savior Network for you. I hope it can answer your questions. If your problem is more complicated, Legal Savior Network also provides online lawyers to serve you. You are welcome to come for consultation.
