What are the acquisition, term and restrictions of copyright
Obtaining copyright
1. Original acquisition
The so-called "original acquisition" means that the acquisition of rights is not based on the existing rights of others, but is initial. the situation in which rights are acquired. The copyright obtained through original acquisition is a complete copyright, including all copyright rights including personality rights and property rights.
2. Acquisition by inheritance
The so-called "succession acquisition" means that the right is acquired based on the existing existence of another person. Derivative rights based on rights. Copyrights acquired through inheritance are partial copyrights, that is, they only involve the property rights in the copyright, unless otherwise expressly provided by law.
Term of copyright
For a citizen's work, the protection period for the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law is the author's Lifetime and fifty years after death, ending on December 31 of the fiftieth year after the death of the author; if it is a collaborative work, ending on December 31 of the fiftieth year after the death of the last author.
Works and copyrights of legal persons or other organizations (except for the right of authorship) For professional works enjoyed by legal persons or other organizations, the right to publish and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law shall be protected for fifty years, ending on the first publication of the work. December 31 of the fiftieth year after the date of creation, but if the work has not been published within fifty years from the completion of its creation, this law will no longer protect it.
Film works, works created by methods similar to filmmaking, and photographic works, the right of publication, paragraph 1 of Article 10 of this Law ( The protection period of the rights specified in items 5) to 17) is fifty years, ending on December 31 of the fiftieth year after the work was first published. However, if the work has not been published within fifty years since its creation, This law no longer protects.
Copyright Restrictions
What are the types of copyright restrictions
①Fair use;
②Compulsory license ;
③Three ways of legal permission. span>
Our country’s Copyright Law mainly provides for Restrictions on "fair use" and "statutory permission".
(1) Fair use system of copyright
The fair use system of copyright refers to a system in which, under certain conditions, the law allows others to freely use copyrighted works without obtaining the consent of the copyright owner or paying remuneration to the copyright owner. According to China's Copyright Law It stipulates that fair use must meet the following elements:
1. The works used have been published.
2. The purpose of use is limited to personal study, research or appreciation, or for teaching or science.Research, religious or philanthropic needs, and public cultural interests.
3. When using other people’s works, you must not infringe copyrights other rights of the person, and the name of the author and the title of the work must be indicated.
(2) Fair use of copyright
span>1. Personal use.
2. Quote.
3. Used in news reports.
4. Reprinting and rebroadcasting of political articles.
5. Reprinting of speeches given in public places, broadcast.
6. Teaching use.
7. Official use
8. Library display or preserved version.
9. Free performances.
10. Use of outdoor display works.
11. Translation of Chinese works.
12. Braille publishing.
The above 12 fair use behaviors also apply to Restrictions on the rights of publishers, performers, producers of audio and video recordings, radio and television stations.
(3) Legally permitted use of works
span>Statutively licensed use means in accordance with the provisions of copyright law. A system in which users can use works that have been published by others without the permission of the copyright owner, but must pay them remuneration and respect the other rights of the copyright owner.
Legal permission has the following four situations:
1. After the work is published, unless the copyright owner declares that it is not allowed to be reproduced or excerpted, other newspapers and periodicals may reprint it or publish it as abstract information, but the copyright owner must be paid remuneration in accordance with regulations.
2. Performers use other people’s published works to perform Commercial performances may be performed without the permission of the copyright owner, but remuneration must be paid in accordance with regulations; any use stated by the copyright owner as not allowed shall not be used.
3. Radio stations and television stations can use other people’s published works to produce radio and television programs without the permission of the copyright owner, but they are not allowed to use the works that the copyright owner has stated that they are not allowed to be used. .Except where no remuneration is required under the Copyright Law, remuneration shall be paid to the copyright owner.
4. A sound recording producer may use the published works of others to make sound recordings without the permission of the copyright owner, but must pay remuneration in accordance with regulations; no use shall be allowed if the copyright owner declares that the use is not allowed.
In addition, performers produce audio and video recordings and radio and television programs Use of other people's published works for performance is also legally permitted.
If you want to use the law to protect your rights, it is recommended that you conduct online consultation on the Legal Savior Network. A professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.
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