What is the concept of authorship
The right of authorship is a kind of personal right of copyright, which is one of the rights in copyright. The most basic rights. The right of authorship refers to the author's right to mark his or her name on the work he or she has created and on copies thereof.
Copyright, as an intangible property right, is a right As complex civil rights, it has objectively become one of the most complex and profound legal disciplines. The right of signature is the most basic right among this complex civil rights.
Subject of authorship rights
The subject of the authorship right is the author, but the author is not the same as the natural person of the creative author. According to Articles 11 and 17 of China’s Copyright Law, authors have three situations:
First, the natural person who created the work;
Second, the legal person or unincorporated unit regarded as the author;
Third, a natural person, a legal person or an unincorporated unit that has obtained the authorship as clearly agreed upon in the entrustment contract. The concept of author also has a narrow sense and a broad sense. The broad sense of author not only includes all literature, Creators of artistic, musical, dramatic or scientific works, but also performers, sound recording, video production or broadcasting organizations; authors in the narrow sense only include creators of literary, artistic, musical or dramatic works.
Therefore, who can become an author depends on national laws and even international Convention. In addition, the right of authorship and the subject of copyright are two different concepts. This is because the author is not the same as the subject of copyright. Copyright contains a variety of rights, and the subject situation is complicated. The author is only one of the basic subjects of copyright. In addition to the author, the subject of copyright also includes heirs, international organizations, etc. The right of signature can be enjoyed solely by the author independently of other rights in the copyright, so the subject of the right of signature is not the same as the subject of the copyright.
Object of the right of authorship
There are two main types: the "work theory" and the "personality interest theory". I agree with the "personality interest theory". Because according to the general theory, personality What the right wants to protect is some kind of personality interest. Although the right of signature belongs to the personality right in civil law and not to the identity right, it should naturally have some kind of interest as its object. What is this object? It should be "the connection between the author and the work" ", specifically speakingIt is the author who controls the disclosure of his or her identity. This reflects the author's free-will privacy interest in whether and to what extent his or her identity should be concealed or disclosed.
2. Contents of authorship rights
The sum of various specific uses of the right of signature constitutes the content of the right of signature. Clarifying the content of the right of signature can provide a clearer understanding of the right of signature, which is conducive to the protection of the right of signature. The right of signature should have the following content
Signed or unsigned Right to decide
Because the right of authorship is the author’s right to disclose his or her authorship The right of identification and relationship to the work, so the author can choose to disclose his or her authorship or not. If you decide to disclose your identity, you can sign your real name or another name known to the public; if you decide not to disclose your identity, you can sign a pseudonym or not. Not signing is also called anonymity. Anonymity does not mean that the author has given up the right to authorize or has no right to authorize. Anonymity is also a way to exercise the right of authorship, or it is an act of disposing of the author's right to authorize.
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