1. What is the difference between copyright property rights and personal rights?
Personal rights, and personal rights The so-called moral rights of works refer to various rights that authors enjoy in their works that are related to or inseparable from personal life and have no direct property content.
Copyright property rights, also known as copyright economic rights, are symmetrical to copyright personal rights and refer to the rights of authors and disseminators to obtain economic remuneration in accordance with the law by using works in some form. .
(1) The ownership of the two is different: the personal rights of the copyright can only be owned by the author or the original subject of the copyright; while the property rights of the copyright can not only be owned by the author or the original subject of the copyright, It may also be owned by the copyright successor.
(2) The protection periods of the two are different: in addition to the right of publication, the author enjoys the personal rights of the copyright for life without time limit. After the author's death, the author's personal rights can be protected by his heirs, legatees or the country's copyright protection agencies in accordance with the law. It is generally believed that it cannot be transferred, divested or inherited. The copyright of copyright has a strict protection period. During the validity period of the copyright, the author's property rights can be inherited, transferred and licensed to others in accordance with the law. It should be noted that the “protection period of copyright personal rights is not limited” mentioned here mainly refers to the provisions of my country’s Copyright Law.
(3) The content of the two is different: the moral rights of the copyright do not have direct property content, specifically including the right of publication, signature, modification and the right to protect the integrity of the work. ; And copyright property rights are rights that enable the copyright holder to obtain property benefits as the main content, including reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, Translation rights, compilation rights, and other rights that should be enjoyed by the copyright owner.
(4) The restrictions on the two are different: the personal rights of copyrights are basically not restricted by fair use, statutory permission, and compulsory licenses, while the property rights of copyrights are subject to reasonable restrictions in accordance with the law. Use, legally permitted use and compulsory licensed uselimits.
2. What rights does copyright include
1. Right of reproduction : Refers to the right to make one or more copies of a work by printing, copying, copying, rubbing, recording, ripping, re-photographing, etc. It is the most basic right in copyright property rights. It is the exclusive right of the copyright holder and is often used in conjunction with distribution or broadcast rights. No one may copy the work without the permission of the copyright owner or the law.
2. Distribution right: refers to the right to provide works or copies thereof to the public by selling or donating them. is an important property right. Works that are not protected by copyright cannot be distributed. It is to realize certain economic rights.
3. Rental right: the right to license others to temporarily use film works, works created using similar filmmaking methods, and computer software for a fee. Exceptions are made where computer software is not the main subject of the lease.
4. Exhibition right: It is the right to publicly display the original or copy of the work. The copyright owner has the right to exhibit the work himself or authorize others to exhibit it and obtain remuneration. The purpose is for viewing by an unspecified public.
5. Performance right: also the right of public performance and performance. Refers to the right to publicly perform works and publicly broadcast works by various means. The characteristic is that it must be conducted in a public manner and for an unspecified majority of people.
6. Screening rights: that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment. "Public representation" is its essential feature. The right to screen a film is exercised by the producer. To screen a film, you only need to seek permission from the producer, and there is no need to obtain permission from the relevant authors.
7. Broadcasting rights: that is, to publicly broadcast or disseminate works by wireless means, to disseminate broadcast works to the public by wired dissemination or rebroadcasting, and through loudspeakers or other similar means of transmitting symbols, sounds, images, to communicate broadcast works to the public. Copyright owners have the right to prohibit or permit Chuangyou to disseminate their works through broadcasting.
8. Information network dissemination right: that is, the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at a time and place of their own choosing. . Information in the public domain is not protected by copyright law and can be used freely by the public. Some require permission from the copyright owner and payment of a certain amount of remuneration.can be used.
9. Filming rights: also known as film and television rights, refers to the right enjoyed by the copyright owner to make films of his works and to produce works in a similar way to filmmaking. . But it is an original work, and it is also a interpretation of the original work.
10. Right of deduction: refers to the right enjoyed by authors or other copyright holders to recreate based on their works. Including:
(1) Adaptation right: refers to the right to change the form of expression of the work without changing the basic ideological content of the work. Rewriting without changing the form of expression of the work without changing the type of the work.
(2) Translation right: refers to the right to transform the language of the original work into other languages and use it to express the work. The Berne Convention and the Universal Copyright Convention stipulate that under certain conditions, the government can compulsorily license the translation of foreign works without the need to obtain the consent of the foreign copyright owner.
(3) Right of compilation: the right to select or arrange works or fragments of works and assemble them into new works. Including annotation rights, organizing rights and editing rights. The compiler shall enjoy copyright in the work resulting from the compilation.
The above is all the content compiled by the editor for you. From the above description, we can know that there are four differences between the personal rights of works and the property rights of works. I hope it can help everyone correctly distinguish the two. If there is anything else you don’t understand, we also welcome you to go to the Legal Savior Network for online consultation. We have the most professional lawyers to provide you with legal help and safeguard your legitimate rights and interests.
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