What is the difference between copyright holder and author?

What is the difference between a Copyright owner and an author?

The difference between a copyright owner and an author: The copyright owner is not necessarily the author, but the author may be the copyright owner.

The copyright owner is the subject protected by copyright law: that is, the person who enjoys copyright rights and assumes copyright obligations; Article 9 of the "Copyright Law of the People's Republic of China" stipulates: "Copyright Persons include:

1. Author;

2. Other citizens who enjoy copyright in accordance with this law, Legal person or unincorporated unit."

(1) Author: The citizen who creates the work is the author.

The natural person who directly creates the work is the original subject of the copyright. The so-called directly created works refer to works in which the author directly (including written, oral and three-dimensional expression) reflects his own thoughts and feelings, personality and characteristics through his own independent conception, using his own skills and methods. Those who help authors revise manuscripts, edit, proofread, review, etc. cannot become authors because they make modifications based on the author's creation.

1. Legal entities and non-legal entities that are regarded as authors are also the original subjects of copyright:

2. The citizen, legal person or unincorporated entity who signs the work; if there is no proof to the contrary, it is the author. (But it cannot be said that a person without a signature is not the author)

(2) Other citizens, legal entities and unincorporated entities that enjoy copyright; through inheritance, bequest, transfer, The trust relationship can become the subject of copyright.

Article 3(6) of the "Succession Law of the People's Republic of China" stipulates that property rights in copyrights can be inherited as inheritance. Article 16 also stipulates that citizens may make a will to donate personal property to the state, collectives or persons other than legal heirs. Article 19 of the Copyright Law stipulates: "After the death of a citizen, the right to use his works and the right to receive remuneration shall be transferred in accordance with the provisions of the inheritance law during the protection period stipulated in this law."

(3) Legal entities and non-legal entities that are not regarded as authors (see Articles 15 and 16 of the Copyright Law of the People's Republic of China)

(4) State: According to the "Succession Law of the People's Republic of China", there are several situations where the state is the subject of copyright: 1. The author transfers the original work and the property rights in the copyright to the state for free before his death, or transfers the published work to the state. The property rights in the copyright of the work are transferred to the state for free; 2. The author donates all or part of the property rights in the copyright of the work to the state after his death through a will; 3. After the author dies, there is no one to inherit the property rights in the copyright of the work. If no one is donated, the property rights in the copyright shall be enjoyed by the state; 2. The copyright belongs to a legal person or an unincorporated unit. After the legal person or unincorporated unit is changed or terminated, if the legal person or unincorporated unit does not assume its rights and obligations, the copyright shall be owned by the state. Enjoy.

(5) Foreigners: Articles 2 and 13 of the "Copyright Law of the People's Republic of China": divided into three situations: A. Foreigners The first time the work is published in China; the first time a foreigner's work is published abroad, the publication within thirty days in China is deemed to be the first time published in China; B. Bilateral agreements, such as two international conventions; C. With Chinese citizens Foreign authors who collaborate in creating works, but if a Chinese citizen gives up his rights or transfers his rights, and the foreigner's country does not have a bilateral agreement with China or is not a member of the two conventions, he cannot become the subject of the copyright.