What are the components of the Right of authorship
Currently, The law currently has no requirements for the right of authorship. As long as the author publishes the work, he or she enjoys the right of authorship.
The right of authorship refers to the right to indicate the identity of the author and sign his name on the work.
The contents include:
1. The author has the right to decide the method of signature and can sign Real name, stage name, pen name or pseudonym, or no signature. Once the author chooses a signature method, others may not change it in any way or for any reason. For collaborative works, each collaborator has the right to sign. The signature method and order of signatures for the collaborative work should be decided by the co-authors through mutual discussion.
2. The author must be cited when publishing and distributing other people's works. . Regardless of whether the protection period of other rights has expired, the author's right of authorship is inviolable at any time.
3. When the public uses a work within the scope of fair use, statutory permission or compulsory license, although it is legally possible to obtain the consent of the copyright owner in advance, it still needs to Respect the author's right of authorship and indicate the author's name, work title or source when using other people's works.
4. Others are prohibited from signing their own names on other people's works without authorization, or signing the author's name together without participating in the creation. According to Article 45, Paragraph 3 of the Copyright Law, "any act of signing someone else's work for the purpose of seeking personal fame or gain without participating in the creation", "...should be responsible for stopping the infringement, eliminating the impact, making a public apology, and compensating for losses, etc., according to the circumstances. Civil liability."
However, in order to obtain money, the act of putting other people's names on one's own works, publishing and selling them, is not a violation of copyright law. Authorization rights questionThe problem is the act of impersonating one's name and infringing on the right of another person's name. Because the personal rights of copyright are based on works, there is no issue of authorship rights for works that you have not created. But forging his name is undoubtedly an infringement of other people's right to name.
Although the right of authorship is an absolute and exclusive right granted to authors by law, it must be subject to certain restrictions for the sake of social and public interests. . Our country's judicial practice shows that the author's name can be omitted without violating convention. For practical works, such as buildings, etc., the owner of the carrier of the utility work does not need to sign the name of the author on the carrier.
The above is the content compiled by the editor for you. The right of signature is a personal right and can be enjoyed by the author. Personal rights cannot be bought, sold, transferred or given away. Of course, the author also has the right to waive the right of authorship. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
