What are the provisions of the copyright registration and acquisition system?
(1) Automatic acquisition system . Automatic acquisition of copyright means that the copyright is acquired naturally due to the legal fact that the creation of the work is completed and the work is formed, and there is no need to perform any formalities. my country's copyright law refers to the common practices of various countries and adopts the principle of automatic acquisition.
(2) Registration and acquisition system. Registration acquisition means that registration is a condition for obtaining copyright. Copyright can only be generated after a work is registered. The principle of obtaining copyright registration is also called registration doctrine. Judging from the copyright laws of various countries around the world, most countries have adopted the principle of automatic acquisition. The Berne Convention and the Universal Copyright Convention do not require registration as a condition for obtaining copyright. However, in Spain before the implementation of the new copyright law in 1987, As well as Latin America and a few African countries that are greatly affected by it, they still require works to be submitted to the copyright management department for registration, otherwise they will not be protected by copyright law.
(3) Other acquisition systems. Other ways to obtain copyright include: the work must be fixed in a tangible object to obtain copyright.
What are the ways to obtain copyright
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1. Original acquisition
The so-called original acquisition It refers to the situation where 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 copyrights 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. Acquisition by inheritance
The so-called acquisition by inheritance It refers to the situation where the acquisition of rights is a derivative acquisition of rights 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. The inherited acquisition of copyright mainly includes the following specific circumstances:
(1) Acquired by agreement. (2) Acquired through inheritance. (3) Obtained due to legal provisions.
Hua Lu editor reminds you that in our country, copyright exists when a work is completed, but registration will better protect rights and interests. At the same time, copyright also involves issues such as the determination of ownership. These issues can also easily lead to disputes. Therefore, it is recommended that you consult a professional copyright lawyer. The above is the relevant information summarized for you. I hope it can help you. The Legal Savior Network is committed to creating excellent Legal consultation platform, if you still have questions, welcome to consult with a lawyer.
