1. What does the copyright acquisition system include?
(1) Automatic acquisition system. Automatic acquisition of copyright means that the copyright is acquired naturally due to the legal fact that the creation of the work is completed and the work is formed, and there is no need to perform any formalities. my country's copyright law refers to the common practices of various countries and adopts the principle of automatic acquisition.
(2) Registration and acquisition system. Registration acquisition means that registration is a condition for obtaining copyright. Copyright can only be generated after a work is registered. The principle of obtaining copyright registration is also called registration doctrine. Judging from the copyright laws of various countries around the world, most countries have adopted the principle of automatic acquisition. The Berne Convention and the Universal Copyright Convention do not require registration as a condition for obtaining copyright. However, in Spain before the implementation of the new copyright law in 1987, As well as Latin America and a few African countries that are greatly affected by it, they still require works to be submitted to the copyright management department for registration, otherwise they will not be protected by copyright law.
(3) Other acquisition systems. Other ways to obtain copyright include: the work must be fixed in a tangible object to obtain copyright. For example, U.S. copyright law provides this; copyright is obtained with a copyright mark, which is confirmed by the Universal Copyright Convention. The copyright mark consists of three parts: the English letter c plus a circle, c is the abbreviation of English copyright, which represents copyright; the name of the copyright owner; and the year of first publication.
What are the ways to obtain copyright?
1. Original acquisition
The so-called original acquisition means that the acquisition of rights is not based on the existing rights of others, but the initial acquisition of rights. 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 situations:
(1) A natural person acquires copyright due to creative acts.
(2) Legal persons and other organizations obtain copyrights due to legal provisions. As for legal persons and other organizations, when they host creative activities that reflect their will, they can obtain copyrights based on the originality of direct provisions of the law.
(3) A natural person or an organization such as a legal person obtains 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 complies with legal provisions. When there is a dispute over the conditions for being deemed an author, and 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 signed on the work is the author.
2. Acquisition by inheritance
The so-called acquisition by inheritance means that the acquisition of rights is based on the existing rights of others. The situation of derivative acquisition of rights. The copyright acquired through inheritance is a partial copyright, that is, it only involves the property rights in the copyright, unless there are clear provisions in the law. The inheritance acquisition of copyright mainly includes the following specific situations:
(1) Acquired by agreement.
(2) Acquired by inheritance.
(3) Acquired due to legal provisions.
The above is the content related to the copyright acquisition system compiled by the editor of Legal Savior. In order to protect For the legitimate rights and interests of citizens, national laws have special copyright laws to manage copyrights. It stipulates those acts that violate copyrights and the responsibilities that should be borne by violations of copyrights. If you have any other questions, please feel free to consult online.
