What is the difference between copyright and copyright?
In our country, copyright is copyright, there is no difference. Copyright refers to the rights (including property rights and personal rights) that authors of literary, artistic, and scientific works enjoy over their works. There are two ways to obtain copyright: automatic acquisition and registration acquisition. 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, according to different natures, copyright can be divided into copyright and neighboring rights. Simply put, copyright is for those who create related spiritual products, while the concept of neighboring rights is for those who perform or assist in the dissemination of works. In terms of industry participants, such as performers, audio and video producers, radio and television stations, publishing houses, etc.
Is copyright the author's property rights (ownership) under natural law or a limited legal monopoly granted by society as a concession to the author by law? The premise for a correct answer to this question is to determine the concept of copyright:
Is copyright established to protect the rights of authors or for knowledge? Established for the progress of society and the welfare of the public? Of course copyright law has both of these functions, but which one is its basic philosophy? Who comes first when there is a conflict between the rights of authors and the welfare of the public?
The main purpose of copyright is to promote the public welfare through the advancement of knowledge. In order to encourage the copying and dissemination of new works to the public, copyright gives authors the exclusive right to copy and distribute. To encourage the creative activities of creators. In order to promote the welfare of the public, these rights of authors have many restrictions, which are mainly reflected through the fair use system. The right to adjust copyright involves three interest groups - authors, publishers Creators and users. As the basis for supporting the progress of knowledge, copyright law must consider not only remuneration to creators and disseminators, but also the reasonable rights of users who pay these remunerations.
From the beginning of copyright law in England in the early 18th century, copyright has been about trying to balance creators (and their The product of the rights of publishers and users, now and in the future. All three interest groups are using copyrighted works for different purposes. The author uses it to create new works, and the publisher distributes the work in the market. Consumers use works in their homes, schools, and offices, authors make creative uses, publishers make commercial uses, and consumers make personal uses that may or may not involve commercial issues. Creative uses and private uses of copyrighted material are subject to the publisher's and the business owner's purpose of controlling commercial use, which makes balancing various
Competing interests are no easy matter. To further complicate matters, members of different groups may have different positions at different times. For example, an author may wish to freely quote from the work of others. , but do not want others to quote their own works without being compensated; a publisher would like to be able to publish part of someone else's book, but is unwilling to give others such a benefit; only the consumer's position remains unchanged : They hope to use these materials freely.
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