What are the ways to obtain copyright?
1. Original acquisition
The so-called "original acquisition" refers to the situation where the 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) Organizations, legal persons and other organizations obtain copyright 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. Successive acquisition
The so-called "successive acquisition" means that the right is acquired by 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. Successive acquisition of copyright mainly includes the following specific circumstances:
(1) Acquisition by agreement
(2) Obtained by inheritance.
(3) Obtained due to legal provisions.
"Copyright Law"
Article 2 The works of Chinese citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law.
The copyrights enjoyed by foreigners and stateless persons in their works are based on the agreement signed between the country of origin or habitual residence of the author and China or the international treaty to which both parties are a party. protected by this law.
If the works of foreigners or stateless persons are first published in China, they shall enjoy copyright in accordance with this Law.
The works of authors and stateless persons from countries that have not signed an agreement with China or jointly participated in international treaties are published for the first time in a member country of an international treaty that China is a party to. or published simultaneously in a member state and a non-member state, shall be protected by this law.
Article 19: If the copyright belongs to a citizen, after the citizen dies, the rights of Article 10, Paragraph 1, Items (5) to (17) of this Law The rights provided for in this paragraph shall be transferred in accordance with the provisions of the Civil Code during the protection period provided for in this Law.
If the copyright belongs to a legal person or other organization, after the legal person or other organization is changed or terminated, the copyright specified in paragraph 1 of Article 1127 of this Law shall The rights stipulated in Items (5) to (17) shall be enjoyed by the legal person or other organization that assumes its rights and obligations during the protection period stipulated in this Law; if there is no legal person or other organization that assumes its rights and obligations, it shall be enjoyed by the state. .
The above is the relevant legal knowledge prepared by the editor for you. If you still have questions, it is recommended that you consult a professional lawyer on the Legal Savior Network.