1. Copyright Law stipulates who can enjoy copyrightrights
1. The subjects that can enjoy copyright are as follows:
(1) Works by Chinese citizens, legal persons or unincorporated organizations, whether published or not, shall be Copyright law entitles you to copyright.
(2) The works of foreigners and stateless persons are entitled to copyright according to the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both countries are parties. The copyright is protected by China’s Copyright Law.
(3) If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with the Copyright Law.
(4) Authors from countries that have not signed an agreement with China or jointly participated in international treaties, and works by stateless persons that are member countries of international treaties that China has participated in for the first time. Published, or published simultaneously in a member state and a non-member state, shall be protected by copyright law.
2. Legal basis: "Copyright Law of the People's Republic of China"
Article 2 China Works by citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.
The copyrights enjoyed by foreigners and stateless persons in their works are based on the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both parties are a party. protected by this law.
If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law.
For the first time, works by authors from countries that have not signed an agreement with China or jointly participated in international treaties and stateless personsPublished by a member state of an international treaty to which China is a party, or published simultaneously in member states and non-member states, shall be protected by this law.
2. Implementation measures for copyright legal protection
(1) Preservation of rights before litigation. If a copyright owner or copyright-related right holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights, and if they are not stopped in time, their legitimate rights and interests will be irreparably damaged, they may apply to the People's Court for action before filing a lawsuit. Order to stop relevant behavior and take measures to preserve property.
(2) Pre-litigation evidence preservation. That is, in order to stop infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the people's court to preserve the evidence before filing a lawsuit.
(3) The people's court has the right to dispose of the matter in accordance with the law. That is to say, when the People's Court hears a case, for an act that does constitute an infringement of copyright or copyright-related rights, the People's Court may, when making a ruling, confiscate illegal gains, infringing copies, and property used for illegal activities, so that the infringer No more infringing activities can be carried out.
According to the provisions of the Copyright Law, works by Chinese citizens, legal persons or unincorporated organizations, regardless of whether they are published or not, enjoy copyright; works by foreigners and stateless persons The copyright enjoyed by the work based on the agreement signed between the author's country and China or the international treaty to which both countries are parties is protected. I hope the above content can 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.
