The copyright owner is the subject of the copyright, which refers to the person who legally enjoys copyright rights and assumes corresponding obligations. Copyright owner and author are two different concepts. Article 9 of the "Copyright Law" stipulates: "Copyright holders include: (1) authors; (2) other citizens, Legal persons or other organizations that enjoy copyright in accordance with this law."
It can be seen that the first line of copyright belongs to the author. The author here refers to the author recognized by the copyright law, not simply the actual creator, because the author includes both natural persons and legal persons or non-legal entities regarded as authors. When a legal person or unincorporated unit is regarded as the author, the work produced must be: a work hosted by a legal person or unincorporated unit, created on behalf of the will of the legal person or unincorporated unit, and for which the legal person or unincorporated unit bears responsibility. Such works are also called unit works. For example: encyclopedias, teaching materials and other works that are created by personnel of a legal person or an unincorporated unit and are responsible for providing the conditions for creation, the entire copyright of which belongs to the legal person or unincorporated unit.
Copyright, as an intellectual property, has many rights. Except for the right of authorship, which is obtained in accordance with the law due to the creation of the work, it can only be enjoyed by the author (but the entrustment The work can also be stipulated that the authorship rights belong to the client who is not the author), and other rights can be enjoyed by other people according to specific circumstances. The main situations in which other citizens, legal persons or other organizations who are not the authors enjoy copyright in accordance with the Copyright Law include the following:
(1) Inheritance. According to the relevant provisions of my country's Copyright Law, if the copyright belongs to a citizen, after the death of the citizen, the copyright property rights (including the right to use, the right to license, the right to transfer and the right to receive remuneration, etc.) shall be protected according to the "Civil Law" during the de facto protection period of the copyright laws and regulations. The provisions of the Code are transferred. For works that have not been published during the author's lifetime and he has not expressly stated not to publish them, his right to publish can be exercised by his heirs or legatees within 50 years of the author's death. After the author dies, his copyright rights of signature, modification and protection of the integrity of the work are protected by the author's heirs or legatees.
(2) Change or termination of legal person or other organization. If the copyright belongs to a legal person or other organization, after the change or termination of the legal person or other organization, within the protection period stipulated in the Copyright Law, the legal person or other organization that assumes its rights and obligations shall enjoy the copyright property rights.
(3) Contract agreement. For commissioned works, the ownership of the copyright is determined by the contract between the client and the trustee.Agreement. That is, the principal can become the copyright owner through agreement.
(4) In addition to the authorship rights of screenwriters, directors, photographers, lyrics, composers and other authors of film works and works created using methods similar to filmmaking, other rights are granted by Producers enjoy.
(5) Special provisions for professional works. Paragraph 2 of Article 1133 of the Copyright Law stipulates: For professional works that fall under any of the following circumstances, the author shall enjoy the right of authorship, and other copyright rights shall be enjoyed by legal persons or other organizations. Legal persons or other organizations may grant the author Reward:
(1) Engineering design drawings and product design drawings that are mainly created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization is responsible , maps, computer software and other professional works;
(2) Professional works for which the copyright is enjoyed by legal persons or other organizations as stipulated in laws, administrative regulations or contracts. The "material and technical conditions" mentioned in item (1) refer to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete their creations.
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