The meaning of authorship
There are two main views on what authorship is: the first view is According to Article 10(2) of the Chinese Copyright Law, the right of signature is the right to indicate the identity of the author and to sign the work. The second view is that the right of authorship refers to the author's right to mark his or her name on the works and their copies, also known as the right of name expression.
The first view is that associating the right of authorship with the right of authorship, it is easy for people to mistakenly equate the right of authorship with the right of authorship.
The second view notes the difference between the right of authorship and the right of authorship, and accurately grasps the essence of the right of authorship, which is to mark the work and its copies with your name rights regardless of the purpose of such marking.
When understanding the meaning of signature rights, you should pay attention to the following points:
1. Signature the subject of rights. The subject of authorship is the author, but the author is not the same as the natural person who created the work. According to the provisions of Articles 11 and 17 of the Chinese Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or unincorporated unit regarded as the author; third, the author is clearly stipulated in the commission contract. The natural person, legal person or unincorporated unit that obtains authorship. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.
2. There are two main objects of the right of signature: the "work theory" and the "personality interest theory". I agree with the "personality interest theory". Because according to the general theory, what personality rights want to safeguard is a certain personality interest, and the right of signature Although it belongs to personality rights in civil law rather than identity rights, it should naturally have some kind of interest as its object. What is this object? It should be the "connection between the author and the work", specifically the author's disclosure of his identity. Control. This reflects the author’s freedom of will and privacy interests in whether to conceal or disclose his or her identity and the degree of concealment or disclosure.
The above is what the editor has compiled for you Content, the right of authorship has many meanings, and different people have different definitions of the right of authorship. As a kind of personal right, the right of authorship of works is permanently protected by the law. If your situation is more complicated, the Legal Savior Network also provides lawyers Online consultation service, you are welcome to provide legal consultation.
