1. What is copyright
(1) Copyright, that is, copyright, refers to the rights (including property rights and personal rights) that authors of literary, artistic, and scientific works enjoy over their works. Copyright is a type of intellectual property that consists of works in the natural sciences, social sciences, and literature, music, drama, painting, sculpture, photography, and cinematography.
Introduction
(2) Copyright is used to express the author’s literary and artistic A legal term for the rights enjoyed in a work.
Copyright is the legal ownership of the right to reproduce computer programs, literary works, musical works, photographs, movies, etc. Copyright is generally considered to belong to the author unless transferred to another party. Most computer programs are protected not only by copyright but also by a software license. Copyright only protects the expression of an idea, not the idea itself. Algorithms, mathematical methods, techniques or machine designs are not protected by copyright.
(3) Obtaining method
There are two ways to obtain copyright: automatic acquisition and Obtained by registration. In China, according to the copyright law, copyright automatically becomes available upon completion of the work. The so-called completion is relative. As long as the object of creation meets the statutory conditions for the composition of a work, it can be protected by copyright law as a work. In theory, copyright can be divided into authorship rights and related rights according to their different natures. To put it simply, copyright is for those who create relevant spiritual products, while the concept of neighboring rights is for participants in related industries who perform or assist in disseminating works, such as performers and producers of audio and video products. , radio and television stations, publishing houses, etc.
(4) Infringement
(1) Publish his work without the permission of the copyright owner;(2) Collaborate with others without the permission of the co-author The created works are published as works created by oneself alone;
(3) Without participating in the creation, in order to seek personal fame and fortune, one signs other people's works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works ;
(6) Exhibiting, making movies, using the work in a similar way to making movies, or adapting, translating, annotating, etc. without the permission of the copyright owner Unless otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Leasing the works without the permission of the copyright holders of film works and works created by methods similar to filmmaking, computer software, audio and video recordings, or the holders of copyright-related rights. Works or audio and video products, except as otherwise provided for in this Law;(9) Using the layout of books or periodicals published by the publisher without the permission of the publisher Designed;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe copyright and copyright-related rights and interests;(12) Without copyright With the permission of other persons, reproduce, distribute, perform, screen, broadcast, compile, and disseminate the works to the public through information networks, except as otherwise provided for in this law;
(13) Publishing books for which others have exclusive publishing rights;
(14) Copying and distributing audio and video recordings of their performances without the permission of the performers products, or disseminate their performances to the public through information networks, except as otherwise provided by the Copyright Law;
(15) Copying without the permission of the producer of the audio and video recordings , issuance, through information networkDisseminating to the public the audio and video recordings produced by them, except as otherwise provided for by the Copyright Law;
(16) Playing or copying radio or television broadcasts without permission , except as otherwise provided for by the Copyright Law;
(17) Without the permission of the copyright owner or copyright-related rights holder, deliberately avoiding or damaging the rights holder's Technical measures taken to protect copyright or copyright-related rights in works, audio and video products, etc., unless otherwise provided for by laws and administrative regulations;
(18 ) Deliberately deleting or changing the electronic rights management information of works, audio and video recordings, etc., without the permission of the copyright owner or copyright-related rights holder, unless otherwise provided by laws and administrative regulations;
(19) Producing and selling works that counterfeit the signature of others.
For the above acts (1) to (11), the infringer shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances. . If the infringer, in addition to bearing the above-mentioned civil liability, harms the public interest in the conduct of Items (12) to (19), the copyright administrative department may order him to stop the infringement, confiscate the illegal gains, and confiscate and destroy the infringing copies. A fine may be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
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