What are the subjects of copyright?
1. Copyright subjects in a general sense
Copyright belongs to the author, which is the general principle of copyright ownership. Legally, the authors here include not only natural persons, but also legal persons and other social organizations. Copyright and author are two different concepts, that is to say, in addition to the author, other natural persons, legal persons or social organizations can also become the subject of copyright in accordance with the law. Article 11 of my country’s Copyright Law stipulates that the method for determining the author is “if there is no proof to the contrary, the citizen, legal person or other organization who signs the work is the author.”
2. Special types of copyright subjects
1. Collaborative works of copyright.
According to Article 13 of the Copyright Law, the authors of collaborative works jointly enjoy copyright. Among them, the copyright of a collaborative work that cannot be divided shall be subject to the principle of joint ownership of property and shall be jointly owned by the co-authors. Regarding the exercise of copyright, follow the regulations where there are regulations, and follow the agreements where there are agreements. The agreement shall not violate copyright law. If there is neither provision nor agreement, the matter shall be handled in accordance with the principle of shared property. If a collaborative work can be divided and used, the author can exercise copyright alone on the part he created. However, the exercise of this right shall not constitute an infringement of the overall copyright of the collaborative work.
2. Copyright of professional works.
If there is an agreement, the agreement shall follow. If there is no agreement, generally speaking, the copyright belongs to the author personally, but legal persons or other organizations have the right to priority use within the scope of their business. . However, professional works such as engineering design drawings, product design drawings, computer software, maps, etc. that are mainly created using the material and technical conditions of legal persons or other social organizations and for which legal persons or other social organizations bear the responsibility, as well as copyrights stipulated in laws and administrative regulations or stipulated in contracts, For professional works enjoyed by legal persons or other social organizations, the author enjoys the right of authorship, and other rights are enjoyed by the legal persons or other social organizations.
3. Copyright of the interpretation work.
my country's Copyright Law stipulates that the copyright of a derivative work belongs to the performer, but the performer must be subject to certain restrictions when using the derivative work: Unless otherwise provided by law To perform other people's original works, you should obtain the permission of the original author in advance and pay corresponding remuneration; the copyright owner of the derivative work cannot infringe the copyright of the original author's work when exercising his copyright; a third party must not use or reproduce the derivative work. When performing a rendition, dual permission is required from the original author and the author of the rendition.
4. Copyright of compilation works.
The copyright of the compiled work belongs to the compiler. The compiler can be a natural person, a legal person or other organization. In practice, legal persons and other organizations are more common. At the same time, the copyright owner of the compilation work shall not infringe the copyright of the author of the original work when exercising the copyright of the compilation work. That is to say, when the compiler compiles individual works, if these individual works still enjoy copyright, the original author must obtain the consent and pay him remuneration.
5. Copyright of commissioned works.
The ownership of the copyright of the commissioned work is agreed upon by the client and the trustee through a contract. If the contract is unclear or unstipulated, the copyright belongs to the trustee.
6. Copyright of film and television works.
The copyright of film and television works belongs to the producer, but the director, screenwriter, lyricist, composer, photographer, etc. have the right to authorize and receive remuneration. Authors of scripts, music and other works in film and television works that can be used independently have the right to exercise their copyright independently.
7. The copyright of the work to which the original ownership is transferred.
After the ownership of the original work is transferred, the author no longer has ownership of the original, but he still enjoys the copyright of the work. At the same time, when the ownership of the original work is transferred, the exhibition right in the copyright is also transferred, that is, the original owner enjoys the exhibition right of the work.
8. Copyright of works of unknown author.
Except for the right of authorship, the copyright of a work with an unknown author shall be exercised by the owner of the original copy; after the author's identity is determined, the copyright shall be exercised by the owner of the original work.exercised by the author or his heirs.
9. Copyright of autobiographical works.
The ownership of the copyright is agreed by both parties. If there is no agreement or the agreement is unclear, the copyright belongs to the author of the autobiography, and the writer or organizer can receive a certain amount of remuneration.
Here, the editor reminds everyone that when faced with infringements in life, you must stand up and use legal weapons to defend your interests. If you encounter any legal questions in your life, you can go to the Legal Savior website for consultation. If you need to seek help from a lawyer, you can also go to the Legal Savior website, which provides you with a professional team of lawyers and first-class legal services.