Is copyright property rights divisible?
Public property rights are a kind of right. Rights are indivisible and can only be transferred or inherit.
What is the difference between copyright property rights and moral rights?
Personal rights, also known as moral rights, are Refers to the 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 moral rights of copyrights are basically not restricted by fair use, statutory permission, and compulsory licensing, while the property rights of copyrights are subject to fair use, statutory permission, and compulsory licensing in accordance with the law. .
For copyright personal rights, some personal rights have statutory protection periods. If you have other questions, you can consult the lawyers at our Legal Savior Network.
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