1. Right of authorship
Copyright, as an intangible property right, is an extremely Complex civil rights have 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.
The Right of authorship, as a right of personal rights of copyright, is stipulated in the laws of various countries. There are two main views on what the right of authorship is:
The first view is that Article 10(2) of the Chinese Copyright Law stipulates that the right of authorship That is to say, the author’s identity and the right to sign the work.
The second view is that the right of authorship refers to the author's right to mark his or her name on his or her own works and their copies, also known as the right of name expression.
The first view is that associating the right of authorship with the right of authorship, it is easy for people to mistakenly equate the right of authorship with the right of authorship.
The second view notes the difference between the right of authorship and the right of authorship, and accurately grasps the essence of the right of authorship, which is to mark the work and its copies with your name rights regardless of the purpose of such marking. When understanding the meaning of the right of signature, you should pay attention to the following points:
The subject of the right of signature
The subject of authorship 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 the Chinese Copyright Law, there are three situations for authors:
First, the natural person who creates the work;
Second, the legal person or unincorporated unit that is regarded as the author;
Third, it is obtained as clearly agreed in the commission contract The author is a natural person, legal person or unincorporated entity.
The concept of author also has a narrow sense and a broad sense. Authors in the broad sense include not only the creators of all literary, artistic, musical, dramatic or scientific works, but also performers, sound recordings, video productions or broadcasts Organization; in the narrow sense, authors only include creators of literary, artistic, musical or dramatic works. Therefore, who can become an author must be stipulated by national laws and even international conventions. In addition, the right of authorship and the subject of copyright are also two different concepts. This is because the author is not the same as the subject of the copyright. Copyright contains a variety of rights, and the subject situation is complicated. The author is only one of the basic subjects of the copyright. In addition to the author, the subject of the copyright also includes heirs, international organizations, etc.
The right of authorship can be enjoyed solely by the author independently of other copyright rights, so the subject of the authorship right is not the same as the subject of the copyright.
The object of the right of authorship
There are mainly two types of "works theory" and "personality interest theory". I agree with the "personality interest theory". Because according to the general theory , What personality rights want to protect is certain personality interests. Although the right of signature belongs to personality rights in civil law and not identity rights, it should naturally have certain interests as its object. What is this object? It should be "the author and the work" "Contact", specifically, the author controls the disclosure of his or her identity. This reflects the author's freedom of will and privacy interests in whether to conceal or disclose his or her identity and how to conceal or disclose it.
2. The right of name
The right of name is the right of citizens to decide, use, change their name and request it in accordance with the law. It is a kind of personality right for others to respect their own name. The object protected by the right of name is the name of the right holder. The name is not limited to the citizen's real name officially registered in the household registration authority.
The main legal characteristics of the right of name are:
First, the subject of the right of name can only be a natural person, and legal persons do not enjoy the right of name. Only the textual identification of the personality of a natural person is called Name, so natural persons enjoy the right to name. The literal mark of a legal person’s personality is the name, and what he enjoys is the right to name.
Second, the object of the right to name is the natural person’s right to himself The exclusive right of the written mark of personality. The core issue of the right of name is the exclusive right, which cannot be enjoyed or used by others, but can only be enjoyed and used by the right holder himself. The exclusive object is the written mark of personality of a natural person, which not only includes formal The registered name also includes pen names, stage names, aliases, etc.
Third, the basic obligation of name rights is not to illegally interfere with or use other people’s names. The right of name is an absolute right and a right against the world. Except for the right of name himself, everyone is the subject of obligations and has the obligation not to infringe on his right of name.
The above is the legal knowledge compiled by the editor about the difference between the right of name and the right of signature. To sum up, the difference between the two is that the subject of the right of name is a natural person, an individual; while the subject of the right of signature can be a natural person, a legal person, or a collective. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. You are welcome to provide legal knowledge consultation.
