1. What are the characteristics of copyright?
1. Copyright begins when the work is completed Automatically generated;
2. Exclusiveness, that is, the copyright owner exclusively enjoys the corresponding copyright;
3. Regionality, that is, except for joining an international convention or concluding a bilateral agreement, a certain right protected by the law of a country will only have legal effect within that country;
4. Timeliness. Except for the right of authorship, the right of modification, and the protection of the integrity of the work, all other rights are protected by the protection period.
2. What are the basic ways to obtain copyright
1. Natural acquisition
The natural acquisition of copyright is also called the principle of automatic protection, that is, once the work is Once created, it is protected by copyright law and does not require any formalities. my country's copyright legislation adopts the principle of automatic protection. Article 2 of my country’s Copyright Law stipulates: “The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law.”
2 , unnatural acquisition
The copyright laws of some countries in the world stipulate that the completion of a work does not automatically generate copyright, and one or several conditions must be met to obtain exclusive rights. patent. These conditions can be summarized as follows:
(1) The work must be fixed in a tangible object to obtain copyright, as stipulated in the U.S. Copyright Law;
(2) Use the copyright mark as a condition for obtaining copyright.
(3) To fulfillRegistration procedures are a condition for the creation of copyright, that is, the author must perform certain registration procedures to obtain copyright, such as registration, submission of samples, publication of notices, processing of notarized documents or payment of fees, etc. The copyright laws of the United States and many Latin American countries have this Regulations;
(4) In order to maintain the domestic printing industry, some countries in the world stipulate that works must be printed in designated locations in order to obtain copyright in that country, such as the United States Copyright Law There is this provision.
3. Ways to obtain copyright
1. Original Acquisition
The so-called "original acquisition" refers to the situation where the rights are acquired initially, not on the basis of the existing rights of others. The copyright obtained through original acquisition is a complete copyright, including all copyright rights including personality rights and property rights. The original acquisition of copyright mainly includes the following specific circumstances:
(1) A natural person acquires copyright due to creative acts.
(2) Legal persons and other organizations obtain copyright due to legal provisions. As for organizations such as legal persons, when they host creative activities that reflect their will, they can obtain copyright based on the originality directly stipulated by the law.
(3) Organizations such as natural persons or legal persons obtain copyright due to legal presumption. When there is a dispute as to whether a natural person has performed a creative act, or whether a legal person or other organization meets the conditions stipulated by law to be regarded as an author, there is no sufficient evidence to deny that the natural person or legal person or other organization signed on the work is the author. , the law directly presumes that the natural person or legal person or other organization who signs the work is the author.
2. Successive acquisition
The so-called "successive acquisition" refers to the acquisition of rights It is a situation where rights are derived derivedly based on the existing rights of others. Copyrights acquired through inheritance are partial copyrights, that is, they only involve the property rights in the copyright, unless otherwise expressly provided by law. Successive acquisition of copyright mainly includes the following specific circumstances:
(1) Acquisition by agreement
(2) Acquired through inheritance.
(3) Obtained due to legal provisions.
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