1. What is the concept of compulsory copyright registration and licensing
Compulsory copyright registration Licensing has two meanings.
1. Compulsory license means that when the copyright owner refuses to reach an agreement with the user to use the work without justifiable reasons, the user applies to the copyright administrative department and authorized to use the work. A compulsory license does not require the consent of the right holder, but remuneration must be paid to the right holder. The establishment of this compulsory licensing system is based on the fact that compulsory licensing of copyright has two meanings. It is generally believed that it refers to the situation where the copyright owner refuses others to use the work without justifiable reasons. The principle of "preservation of public order" in the copyright law of the legal system in which the user applies to the copyright administrative department and is authorized to use the work. According to Article 17 of the Berne Convention, copyright owners shall not violate public order when exercising their rights. Based on the principle of public order reservation, governments of various countries have the right to prohibit the dissemination of works for copyright owners who abuse their rights, and can also issue compulsory licenses for use when necessary by the national competent authorities. This licensing system for compulsory use issued by the national competent authority is the compulsory license of copyright. This is to prevent copyright owners from abusing their rights and preventing the public from using works for legitimate purposes and under reasonable conditions.
2. Compulsory licensing refers to a preferential treatment for developing countries in international copyright treaties. Specifically, it means that users in developing countries who want to translate or copy a foreign work, but cannot find the copyright owner, or can find the copyright owner but cannot get permission, can go through certain procedures and obtain the copyright management rights from their country. The agency obtains a "compulsory license". After obtaining this compulsory license, the user can translate or copy the relevant foreign works, but must pay remuneration to the copyright owner. Among them, the two compulsory licensing systems are restrictions on copyright. Generally speaking, the compulsory licensing system we discuss mainly refers to the first type of compulsory licensing.
2. Correctly understand the role of copyright registrationWhat
1. Voluntary registration of copyright is only a type of evidence for the establishment of copyright and cannot be used as a certificate of rights. We know that copyright is established when the work is completed, so the basis for establishing copyright should be the creative ideas of the work, the original manuscript, and a series of original materials that can express the creative process. These materials can show that the work was created independently by the author, while copyright registration only requires a description of the ownership of the work, and does not require the provision of original materials as evidence. Therefore, copyright registration can only prove that the applicant has registered a certain work. There is no review as to whether the work was independently created by the registrant. Therefore, when the copyright registration conflicts with the original copyright information, the copyright will determine the author and copyright holder based on the original information.
Therefore, the copyright registration certificate is different from the trademark registration certificate, patent certificate and patent registration book copy. It cannot be used as a certificate of rights, but can only be used as a kind of right existence. Evidence used.
2. The copyright registration certificate can achieve similar effects to the publication of works. The Copyright Law stipulates that, in the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
But we all know that not all works can be published, and published works need to have certain ideological and artistic value. Therefore, for many ordinary authors, publishing their works may be a luxury. Therefore, voluntary copyright registration is also a simple way to determine the ownership of rights for works.
3. Voluntary copyright registration is a relatively low-cost way for authors to retain copyright evidence. Under normal circumstances, the original manuscript may not be completely preserved, and since the evidence retained is unilateral evidence, it is difficult for a third party to recognize the validity of the evidence. Therefore, in the absence of contrary evidence, copyright registration can prove copyright. of ownership.
In addition to the above-mentioned registration, there are many ways to retain evidence for the establishment of copyright. For example, it can be notarized and retained by a notary agency, and witnessed and preserved by a third-party witness agency. , the above evidence can also be retained. However, the cost of notarizing and witnessing the evidence of copyright preservation is relatively high. For example, the cost of a notarial certificate is about 2,000-4,000 yuan, while the official fee for voluntary copyright registration is generally within a few hundred yuan, so for the majority of people The author is still acceptable. Of course, the author believes that there is a simpler and cheaper way, and is currently studying its feasibility.
4. WritingsVoluntary registration of rights can involve facts such as changes, transfers, and inheritances of copyrights. Voluntary copyright registration not only registers the establishment of copyright, but also includes legal facts such as rights change, rights transfer, and rights inheritance. These legal facts will be effective against third parties after registration.
5. The particularity of computer software copyright registration. Computer software, as a work, is registered in accordance with the "Computer Software Registration Regulations" and is given special protection after registration.
The above knowledge is the editor's answer to the question "What is the concept of compulsory copyright registration and licensing?" Compulsory copyright registration and licensing has two meanings. If the copyright owner refuses to enter into an agreement with the user to use the work without justifiable reasons, the user shall apply to the copyright administrative department and be authorized to use the work. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
