What are moral rights in copyright?

Moral rights in Copyright include personal rights, specifically the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to reproduce, etc. In addition, our country also protects property rights in copyrights, such as the right to information network dissemination, the right to lease, the right to exhibition and the right to distribute. Below, the editor of Legal Savior Network has compiled relevant content for you, let us take a look together.

1. What are moral rights in copyright?

The moral rights of copyright include personal rights, specifically the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to copy, and the right to distribute. , rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, etc.

Article 16 of the "Copyright Law" stipulates that works created by citizens to complete the work tasks of legal persons or other organizations are service works, except for the second paragraph of this article. Unless otherwise specified, the copyright belongs to the author, but legal persons or other organizations have the right to priority use within the scope of their business. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit.

2. What are the conditions for copyright infringement

If the following three conditions are met, it is copyright infringement

1. The fact that there is infringement is the act Without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law, a person uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without authorization. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only damage the personal rights of others, but also damage the property rights of others. It may also damage the personal rights and property rights of others at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.

2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right.Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.

3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement and its consequences, including intentionality and negligence. form.

3. Copyright is not a patent right

Copyright Like trademark rights and patent rights, it belongs to intellectual property rights, but it is different from patent rights.

The objects protected by copyright and patent rights are not exactly the same, and the methods of obtaining rights are different.

The object of copyright protection is the work, that is, the author enjoys copyright based on the work. And once the work is created, the author enjoys the copyright, and the author does not need to apply. Works are subject to the principle of voluntary registration. Failure to register will not affect the author's copyright in the work.

The object of patent protection is a technical solution or design that meets the conditions for granting patent rights. Applicants need to submit a patent application to the State Intellectual Property Office. After review, the State Intellectual Property Office determines that the applied technical solution or design meets the conditions for patent grant, and then it will grant authorization. At this time, the applicant will have patent rights for the technical solution.

However, the objects protected by copyright and patent rights may also overlap, such as software. Computer software is one of the works protected by copyright, and it is also a technical solution protected by patent rights. Therefore, computer software can be protected by copyright or patent rights.

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