When does the protection period of the author’s property rights begin to be calculated
The protection period of the author’s property rights begins with the completion of the work. Calculation starts from that date.
The protection period of copyright property rights is the lifetime of the author plus any other period. 50 years after death. The copyright protection period starts from the date of completion of the work and ends on December 31 of the 50th year after the author's death. The general period usually applies to the publication rights and copyright property rights of natural persons' works, that is, the protection period of these rights is the life of the author and 50 years after the death of the author, ending on December 31 of the 50th year after the author's death.
How long is the protection period of copyright? Time
The term of copyright protection, It refers to the time limit within which copyright is protected by law or the validity period of copyright. During the term of copyright, the copyright of a work is protected by law; when the term of copyright expires, the copyright is lost and the work enters the public domain and is no longer protected by law.
Our country stipulates the protection period of personal rights and property rights of copyrights respectively. The right of signature, the right to modify and the right to protect the integrity of the work in the personal rights of copyrights are permanently protected by law. The protection period of the right of publication is the same as The protection period of property rights in copyrights is the same. After the death of a citizen as an author, or the change or termination of a legal person or non-legal entity, his right to authorize, modify, and protect the integrity of his work are still protected by the Copyright Law.
The protection period of copyright property rights is limited, according to Depending on the nature of the copyright subject and the work, the protection period is different:
(1) The author of the work is a citizen, and the protection period of the property rights of the work is the author’s lifetime plus 50 years after death. After the author dies, the protection period begins on January 1 of the year following the author’s death. The protection period expires on December 31, 50 years.
(2) For works of legal persons or non-legal entities, the copyright (excluding the right of authorship) for professional works owned by legal persons or non-legal entities has a protection period of 50 years for the right to publish, use and receive remuneration, but the work has been completed since its creation. If it is not published within the last 50 years, the copyright law will no longer protect it.
(3) The right to publish, use and receive remuneration for film, television and video works, as well as the copyright of photographic works, has a protection period of 50 years, ending on December 31 of the 50th year after the work was first published, but If a work has not been published within 50 years after its creation, its copyright is no longer protected.
(4) The protection period for the right to publish, use and receive remuneration for collaborative works is the lifetime of the author Add 50 years after death, but the calculation of 50 years starts from the death time of the last co-author to die.
(5) Works by unknown authors, whose The protection period of the right to use and receive remuneration is 50 years, ending on December 31 of the 50th year after the work is first published. However, once the author's identity is determined, the general provisions of copyright law apply.
(6) Exclusive publishing by book publishing units right. The contract stipulates that the book publisher shall enjoy exclusive publishing rights for a period of no more than 10 years, and the contract can be renewed upon expiration.
(7) Rights to use sound and video recordings and The right to remuneration is protected for a period of 50 years, ending on December 31 of the 50th year after the first publication of the work.
(8) Rights to use radio and television programs and The protection period for the right to receive remuneration is 50 years, ending on December 31 of the 50th year after broadcast.
The above is the content compiled by the editor for you. Under normal circumstances, the protection period of copyright property rights is the lifetime of the author plus fifty years after death. If the time expires, the copyright property rights will expire. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
