What is the copyright owner?
The copyright owner is also called the "copyright subject" ” refers to a person who enjoys copyright in literary, artistic and scientific works in accordance with the law. Copyright owners can be divided into original copyright owners and successor copyright owners. The original copyright holder refers to the citizen who created the work and the legal person or unincorporated unit that is regarded as the author in accordance with the law; the inherited copyright refers to the citizen, legal person or unincorporated unit that obtains the copyright property rights through inheritance, assignment, donation, etc. in the form of legal permission. .
Related knowledge: Classification of copyright holders
Author
refers to citizens who directly create works. There are two elements that constitute an author:
(1) Only citizens, that is, natural persons, can become authors. Legal persons or non-legal entities cannot become authors. Citizens become authors and enjoy copyright based on their creation of literary, artistic and scientific works.
(2) Only by creating can you become an author. The so-called creation refers to intellectual activities that directly produce literary, artistic and scientific works, that is, fully expressing one's own thoughts, emotions and personality in literary, artistic and scientific works. If you only organize work for others to create works, provide some consulting opinions, material conditions, or perform some other auxiliary work, it cannot be regarded as creation, and it cannot be called an author.
Non-author
means in accordance with the provisions of Article 9, Item 2 of the Copyright Law , other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with this law. 1) Citizen. There are two ways for other citizens who enjoy copyright in accordance with the law to obtain copyright:
One is to obtain copyright through inheritance. The decedent created the work during his lifetime. After the author's death,If there is no will for the work, the copyright of the work should be inherited in legal order. Although these heirs have not created works, due to the death of the author, some of the author's rights are still within the protection period of the Copyright Law, and the heirs can obtain the property rights in the copyright of these works in accordance with the law. If the decedent made a will during his lifetime, the property rights in the author's copyright should be inherited according to the order of testamentary inheritance and priority over legal inheritance.
The second is to obtain copyright through contract transfer. The author transfers part or all of the property rights in the copyright to other citizens in the form of a contract, such as conducting copyright trade overseas, entrusting others to create works, etc., which all belong to the contract transfer method.
After reading this article, everyone should have a clear understanding of the legal concept of copyright holders. This is also common sense that we need to understand. This article also introduces some relevant knowledge about copyright owners. You also need to have some in-depth understanding to know the legal regulations. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.