What are the legal provisions for the protection of authorship rights
For authors For the protection of authorship rights, the law provides the following provisions:
Article 11 of the "Copyright Law" Copyright belongs to the author, unless otherwise provided for in this law.
The citizen who creates the work is the author.
For works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author .
If there is no proof to the contrary, the citizen, legal person or other organization who signs the work is the author.
Article 15 of the Copyright Law stipulates that the copyright of film works and works created using methods similar to filmmaking shall be enjoyed by the producers. , but authors such as screenwriters, directors, photographers, lyrics, and composers have the right to sign and are entitled to receive remuneration in accordance with the contract signed with the producer.
The author of the script, music and other works that can be used independently in film works and works created by methods similar to filmmaking has the right to exercise its copyright alone.
Article 16 of the Copyright Law: Works created by citizens to complete the work tasks of a legal person or other organization are service works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or other organization has the right to Priority is given to use within the scope of business. Within two years after the work is completed, the author may not authorize third parties without the consent of the unit.The person uses the work in the same manner as the entity uses it.
For professional works that fall under any of the following circumstances, the author enjoys the right of signature, and other rights of copyright are enjoyed by legal persons or other organizations. The legal person or Other organizations can reward the author:
(1) The work is mainly created using the material and technical conditions of a legal person or other organization, and is created by the legal person or Engineering design drawings, product design drawings, maps, computer software and other professional works for which other organizations are responsible;
(2) Legal and administrative The copyright is owned by legal persons or other organizations according to regulations or contracts.
Article 20 of the "Copyright Law" stipulates that the protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited.
"Copyright Law" Article 21 of citizens' works, their right to publish, Article 10, Paragraph 1 of this Law ( The protection period of the rights stipulated in items 5) to 17) is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the author's death; in the case of a collaborative work, the period ends at the end of Death occurs on December 31, the fiftieth year after the death of the author.
Works and copyrights (except for the right of authorship) of legal persons or other organizations are enjoyed by legal persons or other organizations, and their right of publication, The protection period of the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1 of this Law is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work has If the creation is not published within fifty years after completion, this law will no longer protect it.
Film works and works created by methods similar to filmmaking, and photographic works, the right of publication, Article 10, 1 of this Law The protection period of the rights stipulated in subparagraphs (5) to (17) of this paragraph is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication shall no longer be protected by this Law.
Article 29 of the Copyright LawPublishers, performers, audio and video producers, radio stations, television stations, etc. who use other people's works in accordance with the relevant provisions of this Law shall not infringe the author's right of signature, right of modification, right to protect the integrity of the work, and right to receive remuneration.
Article 47 of the "Copyright Law" Who commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and making amends Civil liabilities such as apology and compensation for losses:
(3) Signing someone else's work for the purpose of seeking personal fame and fortune without participating in the creation;
Article 48 Whoever commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, making an apology, and compensating for losses. and other civil liabilities; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate the main user Materials, tools, equipment, etc. for making infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(8) Production, Selling works with counterfeit signatures of others.
The above knowledge is the editor's answer to the question "What are the legal provisions for the protection of author's authorship rights?" If you need For more legal help, welcome to the Legal Savior Network for legal consultation.
