What is the difference between copyright and copyright
In our country, legal copyright and copyright are synonymous. the difference. But when used in academic or other fields, the meanings of the two can be different. For example, some people think that the scope of protection of copyright is smaller than that of copyright, and so on. Below, we will look at the difference between the two mainly from the etymology.
"Copyright" and "Copyright" The terms vary widely in their etymology.
"Copyright" (copyright) is the common law system the concept of.
As can be seen from its original English word, copyright The original meaning of "right of reproduction" is a right created by law to prevent others from copying works without permission and harming the economic interests of the author. Countries with common law systems have never regarded copyright as so-called "natural rights" or "natural rights", but rather as a product of public policies that encourage and stimulate the creation of works. Correspondingly, copyright also focuses on protecting the economic rights of authors. Works have long been regarded simply as the author's property and have little to do with the author's spirit and personality. Therefore, copyright is freely transferable like other tangible property. At the same time, during the period of employment, the employeeWorks created to complete tasks assigned by the employer are also considered to be the property of the employer rather than the employee, and their copyrights are owned by the employer. Some common law countries even stipulate that the employer is regarded as the author in this case.
"Copyright law" is a concept of the civil law system , its original meaning is "author's right".
Compared with the copyright laws of the common law system, mainland China The copyright law of the legal system regards works more as an extension of the author's personality and a reflection of the spirit, rather than ordinary property. Therefore, the copyright law of the civil law system pays more attention to protecting the personal rights of authors. There are many restrictions on the transfer of copyrights, while personal rights are generally not allowed to be transferred or waived. Some civil law countries do not even allow copyright transfer. Similarly, for works completed by employees in order to complete the work tasks assigned by the employer, under normal circumstances, the employee can still obtain the original copyright, and the employer can only assign or license the copyright in the work through a contract.
"Copyright Law" Article 47
Whoever commits the following infringement acts , should, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Without the permission of the co-author, treat the work created in collaboration with others as your own The created works are published;
(3) None Participating in creation and signing others' works for the purpose of seeking personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people's works;
(6) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) Remuneration should be paid for using other people’s works without Paid;
(8) Unauthorized film works With the permission of the copyright holder or copyright-related rights holder of works, computer software, audio and video products created using methods similar to filmmaking, leasing the works or audio and video products, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performer's performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
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