That is, a person who enjoys copyright rights and assumes copyright obligations; Article 9 of the "Copyright Law of the People's Republic of China" stipulates: Author; other citizens who enjoy copyright in accordance with this law, Legal person or unincorporated unit.
(1) Author: The citizen who creates the work is the author.
The natural person who directly creates the work is the original subject of the copyright. The so-called directly created works refer to works in which the author directly (including written, oral and three-dimensional expression) reflects his own thoughts and feelings, personality and characteristics through his own independent conception, using his own skills and methods. Those who help authors revise manuscripts, edit, proofread, review, etc. cannot become authors because they make modifications based on the author's creation.
1. Legal entities and non-legal entities considered as authors are also the original subjects of copyright: for example: Department of Biology, Beijing Normal University;
2. The citizen, legal person or unincorporated entity that signs the work; if there is no proof to the contrary, it is the author. (But it cannot be said that a person without a signature is not the author)
(2) Other citizens, legal entities and unincorporated entities that enjoy copyright; through inheritance, bequest, transfer, The trust relationship can become the subject of copyright.
Article 3(6) of the "Succession Law of the People's Republic of China" stipulates that property rights in copyrights can be inherited as inheritance. Article 16 also stipulates that citizens may make a will to donate personal property to the state, collectives or persons other than legal heirs. Article 19 of the Copyright Law stipulates: "After the death of a citizen, the right to use his works and the right to receive remuneration shall be transferred in accordance with the provisions of the inheritance law during the protection period stipulated in this law."
(3) Legal entities and non-legal entities that are not regarded as authors (see Articles 15 and 16 of the Copyright Law of the People's Republic of China)
(4) Country: According to the "Succession Law of the People's Republic of China", there are several situations where the country is the subject of copyright:
1. The author transfers the original work and copyright before his death Transfer the property rights in the copyright of published works to the state for free, or transfer the property rights in the copyright of published works to the state for free;
2. The author donates all or part of the property rights in the copyright of his work to the state after his death through a will;
3. The author After death, no one will inherit or donate the property rights in the copyright of his works, and the property rights in the copyright will be enjoyed by the state;
2. The copyright belongs to a legal person or an illegal person After the unit, legal person or unincorporated unit changes or terminates, the copyright of the legal person or unincorporated unit that does not assume its rights and obligations shall be enjoyed by the state.
(5) Foreign countries Person: Articles 2 and 13 of the "Copyright Law of the People's Republic of China": divided into three situations:
A. The first time a foreigner's work is published in China Published within the territory of China; if a foreigner’s work is published abroad for the first time, publication within 30 days in China is deemed to be published within the territory of China for the first time;
B. Bilateral agreements, such as Two international conventions;
C. Foreign authors who collaborate with Chinese citizens to create works, but if the Chinese citizen gives up his rights or transfers his rights, and the country where the foreigner is located is not China does not have a bilateral agreement or is not a member of the two conventions, so it cannot become the subject of copyright.
The difference between the copyright owner and the author: the copyright owner is not necessarily the author , but the author may be the copyright owner.
