What are the six elements of copyright protection
1. Basic principles
1. The principle of "national treatment". That is, a contracting state protects the literary, scientific and artistic works of other contracting states as the works of its own nationals. This is a principle almost universally adopted in bilateral and multilateral agreements.
2. A contracting country gives "country of origin treatment" to works of other contracting countries, that is, it gives these works treatment equivalent to that given by the country to which the author belongs or the country where the work was first published. copyright protection. Some Pan-American conventions have implemented this principle.
3. A contracting country gives "third country treatment" to the works of other contracting countries, that is, country A gives the works of country B the copyright enjoyed by the works of country C. According to this principle, works by nationals of all contracting states enjoy equal copyright protection.
2. Subject
Copyright protection is divided into general subjects and special subjects : The subject of copyright is generally the author, that is, the person who directly created the work.
1. Citizens. The citizen who creates the work is the author, and the author can become the subject of copyright according to law;
2, a legal person. For works hosted by a legal person, created on behalf of the will of the legal person, and for which the legal person is responsible, the legal person is deemed to be the author;
3, non-legal entities are hosted by non-legal entities , for works created on behalf of the will of an unincorporated unit and for which the unincorporated unit assumes responsibility, the unincorporated unit shall be regarded as the author;
4. Foreigners. If a foreigner's work is first published in China, he shall enjoy copyright in accordance with the law;
5, country. (1) The state accepts the copyright of works bequeathed by deceased writers;
(2) Ancient works have no author or the author is unclear;
(3) Copying and distributing the audio and video produced without the permission of the audio and video producer;
(4) Producing and selling works of art that counterfeit the signature of others.
2. The crime of selling infringing copies. Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law and obtains a huge amount of illegal gains, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
3. The unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this article.
4. Seized infringing copies, illegal gains, and materials, tools, equipment or other property owned by the unit or the individual that are mainly used for copyright infringement crimes, All items will be confiscated.
5. Those who commit the above-mentioned crimes and cause losses to the infringed party shall, in addition to being held criminally liable, be ordered to compensate for the losses according to the circumstances.
The above is the relevant introduction provided by the editor on the factors of copyright protection. I hope it can help you. Copyright, also known as copyright, refers to the general term for the personal rights and property rights enjoyed by authors and other rights holders in literary, artistic and scientific works. The protection of copyright mainly includes the basic principles of copyright, the protection of the subject of copyright, the object of copyright protection, the content of copyright protection, the term of copyright protection, and the relevant legal liabilities for infringement. If you still have relevant doubts about the elements of copyright protection, you can provide more detailed information to the professional lawyers of Legal Savior Network to ensure that the problem can be solved in a targeted manner.