What is copyright? What is the object of protection?
Copyright refers to the exclusive rights that copyright owners enjoy in accordance with the law on their literary, artistic and scientific works and other intellectual achievements. Copyright is usually divided into a broad sense and a narrow sense: Copyright in the narrow sense only refers to the rights that the author enjoys in accordance with the law on his work; copyright in the broad sense includes not only the content of the copyright in the narrow sense, but also includes neighboring rights of the work, that is, the rights that the disseminator of the work enjoys in accordance with the law, such as The rights of artistic performers, the rights of producers of audio and video recordings, the rights of radio and television organizations, the rights of book and newspaper publishers, etc.
The concept of copyright has the following meanings:
First, the subject of copyright is copyright A person is a person who enjoys copyright according to law.
The subject of copyright includes not only the author who directly creates the work, but also other persons who enjoy copyright in accordance with the law, such as work adapters, work translators, and copyright owners. Licensed users, legal heirs of copyright, etc. In addition, the state can also become the subject of copyright under special circumstances. For example, after an author or other copyright owner donates his work to the state, the state can become the subject of the copyright, etc.
Second, the object of copyright is a work based on creative activities, that is, a work produced through the analysis and generalization of human thinking and expressed in a certain form. The result of mental work.
Third, copyright content is an exclusive right that includes both property rights and personal rights.
Copyright is a civil right. It is different from general property rights and general personal rights. Instead, it has the dual content of property rights and personal rights, and this right Proprietary to the copyright holder.
Objects protected by copyright:
1. Written works: Written works refer to works that express the author’s feelings and thoughts in the form of language and characters, or other symbols equivalent to language and characters.
2. Oral works: Oral works refer to works created in spoken language and not fixed in any material carrier, such as speeches, lectures, court debates, speeches, sermons, etc.
3. Music, drama, folk art, dance, and acrobatic art works. 1. Musical works: Musical works, which refer to the ability to sing or perform in combination with melody, rhythm, and chorus, and to express the author in music scores or lyrics Ideological works, such as folk songs, popular songs, pop songs, symphonies, string music, jazz, wind and percussion music, etc. 2. Drama and folk art works: Drama works do not refer to a complete play performed, but to the performance of the performance. The script of a play. The Berne Convention also defines drama works as scripts. 3. Dance works: Dance works refer to the movement design and program choreography of dance, which can be recorded in words or other ways. 4. Acrobatic art works: according to According to the "Regulations on the Implementation of the Copyright Law", acrobatic art works refer to acrobatics, magic, circus and other works that are expressed through physical movements and skills. Specifically, they include car skills, pedal skills, hand skills, top tricks, rope walking, trapeze, folk skills, etc. Juggling and other forms of expression.
4. Art and architectural works: Art works refer to paintings, calligraphy, sculptures and other aesthetic works composed of lines, colors or other methods. A two-dimensional or three-dimensional plastic art work composed of a plane or other means.
5. Photographic works: Photographic works refer to the rational use of photographic equipment. An art work that reproduces the image of an objective object on a photosensitive material based on the principles of optics and chemistry.
6. Film works and works created using methods similar to filmmaking : Film works and works created using methods similar to filmmaking refer to works that are shot on a certain recording medium, consist of a series of pictures with or without sound, and are projected and played with the help of appropriate devices.
7. Engineering design, product design drawings, maps, schematic diagrams and other graphic works and model works: Graphic works refer to engineering design drawings and product design drawings drawn for construction and production. As well as maps, schematics and other works that reflect geographical phenomena and explain the principles or structures of things.
8. Computer software: Computer software refers to computer programs and related documents. Computer programs Refers to a set of coded instructions executed by a computer in order to obtain a certain result, or that can be automatically converted into codeA set of symbolic instructions or symbolic statements for symbolic instructions.
9. Other works stipulated in laws and administrative regulations: This is a flexible clause. With the development of science and technology and cultural undertakings, some new forms of works may appear in the future. This provision can enable the law to maintain a certain degree of stability and flexibility for a long period of time.
