What is called infringement of authorship rights
There are two situations in infringing the right of authorship of others: one is on the author’s completed work Signing other people's names without authorization; second, signing other people's names on non-author's works without authorization. In the first case, without the author's permission, it constitutes an infringement of authorship rights. Because the relationship between the author and the work is disclosed without the permission of others, it should affect the author's right to decide on authorship.
Of course, using the author's name on the work without authorization is also an infringement. In this case, it is a phenomenon of conflicting legal provisions. According to the principle that special law is superior to common law, it can be treated as an infringement of the author's right of signature. Regarding the second situation, according to the above analysis, it can be affirmed that the name right of others has been infringed. This is like using someone else's registered trademark on one's own goods, infringing the trademark rights of others (the right of name is also the right of sign). But does it infringe the right of signature? As far as artistic works are concerned, China's Copyright Law considers "making and selling artistic works signed by others" as an infringement. Some people think that at least the above two situations are included in artistic works. It infringes upon the authorship rights of others.
I believe that adding other people's names to non-works without authorization can only infringe on other people's right to name, but not other people's right to authorize. Because the right of authorship is the right to determine the disclosure of works and the identity of the author. Without a work, there is no right of authorship. Therefore,There is no question of whose authorship rights are infringed. As far as China is concerned, simply identifying the infringement of the right of name is obviously not enough to protect the rights of authors, especially famous writers, because forging signatures sometimes damages the reputation or reputation of others. For example, when pretending to be a writer and publishing inferior works, it not only damages their personality, but also damages their personality. It will damage the market value of his works, directly damage the interests of buyers, and disrupt the normal cultural market. These are difficult to remedy under the existing regulations on the right of name and right of reputation. In view of the fact that it is difficult for the current law to effectively remedy the second situation, for the sake of fairness, it would be open to cite the relevant provisions on infringement of the right of authorship to judge the case, but it is unreasonable from a legal perspective. The "Guide to the Berne Convention" edited by the World Intellectual Property Organization believes that the right to confirm the author's identity includes the right to prohibit the impersonation of others and the author's name on works that are not the author's.
This can indeed give us inspiration: in non-authors Signing one's name on a work is intended to confuse the author's identity and gain benefits from it. This kind of behavior may cause a variety of damaging consequences. First, it infringes on the name rights of others; second, it infringes on the reputation rights of others; third, it misleads readers of the work; fourth, it disrupts the normal order of the cultural market. Therefore, the prohibition of impersonation protects not only the rights of the author who has been signed without authorization. Considering that such behavior involves works, it is more appropriate to prohibit it under copyright law and bear corresponding responsibilities.
Article 10 of the Copyright Law of the People's Republic of China Item 2 of paragraph 1 stipulates, “The right of authorship is the right to indicate the identity of the author and to sign his name on the work.” When using other people's works, the name of the author and the title of the work should be indicated.
The above content is the relevant answer. In general, If others infringe our copyright, they may be subject to some penalties. Copyright generally involves signing the work with the author's identity. Infringement of the right of signature includes cases where the author has completed a work that belongs to someone else's name, and also includes writing on a work that is not the author's. Sign someone else's name on the work. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
