What are the behaviors that infringe the right of authorship
1. Infringements clearly stipulated in the Copyright Law
(1) Co-creation with others without the permission of the co-author The work is published as a work created by oneself alone; (2) He did not participate in the creation and signed other people's works in order to seek personal fame and fortune; (3) Produces and sells works that counterfeit other people's signatures.
2. In judicial practice, generally recognized infringements Behavior
Using other people’s works, except as agreed by the parties or in accordance with the It is customary in the industry to use works without attribution without attribution to the original author
Period of protection of authorship rights
The right of signature, as a right of personal rights, refers to the right to indicate the identity of the author and sign the work. According to the provisions of China’s Copyright Law, the author’s right to signature, right to modify, and the right to protect the integrity of the work are not protected during the period of protection. Restrictions.
Relevant laws
"Copyright Law"
Article 12 The copyright of works resulting from the adaptation, translation, annotation, and arrangement of existing works shall be enjoyed by the person who adapted, translated, annotated, and arranged them, but the copyright of the original work shall not be infringed upon when exercising the copyright.
Article 13 For works created by two or more people, the copyright belongs to the cooperative Shared by the authors. People who did not participate in the creation cannot become co-authors.
If the collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.
Article 14 Compilation of several works, fragments of works, or data or other materials that do not constitute a work, the content of which The selection or arrangement of works that reflect originality is a compilation work, and the copyright is enjoyed by the compiler. However, when exercising the copyright, the copyright of the original work shall not be infringed.
Article 15 The copyright of cinematic works and works created by methods similar to filmmaking shall be enjoyed by the producers, but the screenwriters, directors, Authors of photography, lyrics, music, etc. have the right to authorize and are entitled to receive remuneration in accordance with the contract signed with the producer.
The author of works such as scripts and music in film works and works created by methods similar to filmmaking that can be used independently has the right to exercise his copyright alone.
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