What is the right of authorship
Copyright, as an intangible property right, is an extremely complex civil right that has been objectively Becoming one of the most complex and esoteric legal disciplines. The right of signature is the most basic right among this complex civil rights.
The subject and object of the right of signature
The subject of the right of signature. The subject of authorship is the author, but the author is not the same as the natural person who created the work. According to the provisions of Articles 11 and 17 of the Chinese Copyright Law, there are three situations for authors: first, the natural person who creates the work; second, the legal person or unincorporated unit regarded as the author; third, the author is clearly stipulated in the commission contract. The natural person, legal person or unincorporated unit that obtains authorship. The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works. . Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are two different concepts, because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complex. The author is only one of the basic subjects of copyright. In addition to the author, the copyright subjects also include heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other copyright rights, so the subject of the signature right is not the same as the subject of the copyright.
There are two main objects of authorship: "work theory" and "personality interest theory". Agree with the "personality interest theory". Because according to general theory, what personality rights want to protect is certain personality interests. Although the right of signature is a personality right in civil law and not an identity right, it should naturally have certain interests as its object. What is this kind of object? It should be "the connection between the author and the work". Specifically, it is the author's control over the disclosure of his identity. This reflects the author's free-will privacy interest in whether and to what extent his or her identity should be concealed or disclosed.
Exercise restrictions
The exercise of rights should be restricted, which is one of the basic requirements of modern civil law. Although not stipulated by law, in some cases the exercise of the right of authorship should be restricted. If an author decides not to sign or add a name to the work before it is published, and then requests to sign or change his signature after the manuscript is printed, it will be difficult to fulfill the author's request unless the publisher is willing to accept it. Another example is that after some works have been used many times, it is difficult for users to indicate the name of the original author. For works that have been performed many times, the user does not need to indicate his name.
The right of signature is also one of our basic rights, representing our own interests and reputation, so we must be cautious in daily use, and we are not sure about some We must read the contents carefully to prevent being deceived. If your problem is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
