Nine-year-old A writes and publishes a novel. Can he obtain the copyright?

Copyright can be obtained. Nine-year-old A should be a person with limited capacity for civil conduct and cannot independently perform civil legal acts. However, A's creative behavior is a factual act and does not require the author to have full capacity for civil conduct. Therefore, A can obtain copyright. Regarding the question of whether the nine-year-old A writes and publishes a novel, can he obtain the copyright? The editor of Legal Savior Network will give you a detailed answer below.

1. Nine-year-old A writes and publishes novels. Can he obtain copyright?

Copyright can be obtained. Nine-year-old A should be a person with limited capacity for civil conduct and cannot independently perform civil legal acts. However, A's creative behavior is a factual act and does not require the author to have full capacity for civil conduct. Therefore, A can obtain copyright.

"Civil Code of the People's Republic of China"Article 19

Minors over the age of eight are persons with limited capacity for civil conduct. Civil legal acts shall be performed by their legal agent or with the consent or ratification of their legal agent; however, they may independently perform civil legal acts for purely profit-making purposes or in accordance with their age or intelligence. appropriate civil legal acts.

2. Can copyright be transferred?

Copyright can be transferred, but only the property rights in the copyright can be transferred. Personal rights cannot be transferred. When transferring copyright, the party concerned shall sign a copyright transfer contract with the other party. The content of the contract shall include the following matters:

1. Works name;

2. Type and geographical scope of transferred rights;

3. Transfer price;

4. Date and method of delivery of transfer price;

5. Liability for breach of contract;

6. Other content that both parties deem necessary to agree upon.

3. How to compensate for copyright infringement

After your copyright is infringed by others, you should promptly safeguard your legitimate rights and interests, require the other party to stop the infringement, and compensate for the corresponding losses and the amount of compensationThe confirmation should be based on the actual losses suffered by the parties or the illegal gains of the infringer;

If the actual losses or the infringer’s illegal gains are difficult to calculate, compensation may be made with reference to the rights royalties;The actual losses of the right holder If the losses, illegal gains of the infringer, and rights royalties are difficult to calculate, the people's court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan. Among them, For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be provided in the amount of not less than one time but not more than five times the amount determined according to the above method.

[Warm reminder]: The act of creation is a factual act, and whether the author has full capacity for civil conduct will not be considered. As long as the author creates, he has the The copyright of a work will not be lost due to lack of full capacity for civil conduct. When you encounter a copyright problem that cannot be solved, you can click the Consult Now button below and our lawyers will provide you with an answer as soon as possible.