What are the subject and object of copyright?
Who enjoys copyright The subject is mainly the author, but may also be other citizens, legal persons or other organizations other than the author who enjoy copyright in accordance with copyright law. The object of copyright is works, including works in the fields of literature, art and science. The content of copyright is mainly the rights and obligations of the copyright owner. Copyright owners enjoy moral rights and property rights in their works. At the same time, copyright owners should also fulfill certain obligations, that is, they should impose appropriate restrictions on their rights.
Conditions of copyright object
First, the work is produced in the fields of literature, art and science.
Second, the content of the work must be original and must not violate the law and social public interests.
Third, the work must be able to be expressed in some tangible form.
Fourth, the work must be able to be copied.
Fifth, the form and type of the work must comply with legal regulations.
Classification of copyright object works
1. According to the work The forms of expression are different, and the works can be divided into written works, oral works, music, opera, folk art, dance works, fine arts, photographic works, films, television, video works, engineering designs, product design drawings and descriptions, maps, schematics, etc. Graphic works, computer software, etc. This is the most commonly used classification method for works. my country’s copyright law adopts this classification method.
2. According to the different creators, works can be divided into works by natural persons, works by legal persons, and works by non-legal entities.
3. According to the number of creators, works can be divided into original works and collaborative works.
4. According to the order of creative actions, works can be divided into original works and recreated works.
5. According to the different relationship between work creation and job, works can be divided into job works and non-job works.
6. According to the different reasons for the creation of the work, the work can be divided into commissioned works and non-commissioned works.
Period of protection
1. Author’s right of authorship, The right to modification and the right to protect the integrity of the work have unlimited periods of protection.
2. For citizens’ works, the protection period of the right to publish and the copyright property rights is the life of the author and fifty years after the death, ending on the fifth day after the death of the author. December 31st of the tenth year; if it is a joint work, it ends on December 31st of the fiftieth year after the death of the last author.
3. Film works and works created by methods similar to filmmaking, photographic works, works and copyrights (except for the right of authorship) of legal persons or other organizations are owned by legal persons. Or the protection period of the publication rights and copyright property rights of professional works enjoyed by other organizations is fifty years, ending on December 31 of the fiftieth year after the work was first published, but if the work has not been published within fifty years since the creation, Copyright law no longer protects.
4. For works with unknown authors, the protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of the Copyright Law ends on December 31, 50 years after the work was first published. After the author's identity is determined, the provisions of Article 21 of the Copyright Law shall apply.
5. For unpublished works during the author's lifetime, if the author has not explicitly stated not to publish them, the right to publish them can be exercised by the heirs or legatees within 50 years after the author's death. ; If there is no heir and no one to be bequeathed, it shall be exercised by the owner of the original work.
The above content is the relevant answer. Generally speaking, the subject of copyright is the author, and the object isThere are more. This can be mainly divided into written works, artistic works, impression works, etc. If you find that your copyright has been infringed by others, you can consult the relevant lawyers on the Legal Savior Network.
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