What are the relevant provisions for copyright inheritance?

We read many famous works in our lives, or the light bulbs we use and everything involved in our lives are all written by different people. They have Copyrights on these things. Of course, although copyright is a kind of right, it is also Can be inherited. Next, the editor of Legal Savior Network will take you to learn the relevant regulations on copyright inheritance.

What are the relevant provisions for copyright inheritance:

According to Article 10 of the "Succession Law of the People's Republic of China", inheritance Inheritance is in the following order: first order: spouse, children, parents. Second order: brothers, sisters, grandparents, maternal grandparents.

After the inheritance starts, the first-order heir will inherit, and the second-order heir will not inherit. If there is no first-order heir, the second-order heir shall inherit.

Children mentioned in this law include legitimate children, illegitimate children, adopted children and dependent stepchildren.

Parents mentioned in this law include biological parents, adoptive parents and stepparents with a supportive relationship.

Brothers and sisters mentioned in this law include brothers and sisters of the same parents, half-brothers and half-brothers, adopted brothers and sisters, and dependents. Relationship step-siblings.

If no heir can be found according to the above provisions, then, according to Article 32 of the "Succession Law of the People's Republic of China", there will be no one to inherit and no one to inherit. The bequest belongs to the state; if the deceased was a member of a collective ownership organization during his lifetime, it belongs to the collective ownership organization.

Article 3 of my country's "Inheritance Law" stipulates that inheritance includes "property rights in citizens' copyrights (copyrights) and patent rights."

Article 19, Paragraph 1, of my country's Copyright Law stipulates: If the copyright belongs to a citizen, after the citizen's death, the right to use his works and the right to receive remuneration shall be subject to the provisions of this law. During the protection period, it shall be transferred in accordance with the provisions of the inheritance law. This provision shows that if the copyright belongs to a citizen, after the death of the citizen, the property rights in the copyright he enjoys can be inherited by the legal heirs of the copyright owner within the protection period prescribed by law.

According to Article 19, paragraph 2, of the Copyright Law, copyright belongs to legal personsor other organizations, after the legal person or other author changes or terminates, the right to use the work and the right to receive remuneration shall be enjoyed by the legal person or other organization that assumes its rights and obligations within the protection period stipulated in this law. There is no mention here of the rights to authorize the work, the right to modify the work, and the right to protect the integrity of the work.

Features:

1. Absolute power. Copyright inheritance cannot be changed and registered, and there is no delivery.

2, dual rights holders. After the inheritance is completed, the owner of the copyright becomes two people. One is the owner of the personal rights of the copyright, that is, the author; the other is the owner of the property rights of the copyright, that is, the heir.

3, restrict inheritance. The heir cannot modify the inherited work at will. For example, the heir cannot delete a paragraph from an article, nor can he recombine several articles. Because according to the provisions of the Copyright Law, the right to modify and maintain the integrity of the work belongs to the personal rights of the copyright, and the heirs inherit only the property rights.

To sum up, the inheritance of copyright is the same as most inheritances. There are first-order inheritance and second-order inheritance. First, spouse, children, Parents, then brothers, sisters and relatives. Specific inheritance rights also require specific analysis of specific issues. I hope my answer can solve your problem. If you have any questions, you are welcome to consult with a lawyer on the Legal Savior Network.