Does the author of professional works enjoy copyright
Regarding the ownership of copyrights for professional works, according to the relevant provisions of the Copyright Law and the Copyright Implementation Regulations, it is divided into two situations: general and special situations. According to the provisions of my country’s Copyright Law, “works created by citizens to complete the work tasks of a legal person or other organization are work-for-service works.” There is a labor legal relationship between the author of a work-for-service work and his/her unit, and he or she is a legal person or other organization. Created by other organizations to arrange for their employees to perform job responsibilities.
1. In general, the author enjoys the copyright of work for employment, including the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration.
Under normal circumstances, although the copyright is enjoyed by the author, legal persons or other organizations have the priority to use the work within the scope of their business. And within two years after the completion of the work, without the consent of the unit, the author shall not allow a third party to use the work in the same manner as the unit uses it. If agreed by the organization, the author and the organization can divide the remuneration according to the agreed proportion. The two-year period here is calculated from the date the author delivers the work to the unit.
2. In special circumstances, the author enjoys the right of signature, and legal persons or other organizations enjoy other rights of copyright. Including the following situations:
(1) Works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility .
(2) Engineering design drawings, product design drawings, maps, computers created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization is responsible Software and other professional works. The "material and technical conditions" here refer to the funds, equipment or materials specially provided by the legal person or organization for citizens to complete their creations.
(3) Laws, administrative regulations or contracts stipulate that copyright is enjoyed by legal persons or other organizations.
For professional works that are copyrighted by legal persons or other organizations, the right to publish andThe protection period of other property rights is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work has not been published within 50 years after the creation, it will no longer be protected by the Copyright Law.
After the legal person or other organization that owns the copyright changes or terminates, if its property rights are within the above-mentioned protection period, it will be enjoyed by the legal person or other organization that assumes its rights and obligations. , if there is no legal person or other organization that assumes its rights and obligations, it shall be enjoyed by the state.
Note: The term "property rights" in this article refers to the provisions of Article 10 (5) to (17) of the Copyright Law s right. That is, reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening 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.
[What are the works that are not protected by copyright]
1. Laws, regulations, and state agencies Resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature and their official translations are not protected.
2. Current affairs news; that is, pure factual news, which refers to reporting only the process, time, place and person of an event, and does not indicate the reporter’s Opinion news and pure factual news can be disseminated through mass media such as newspapers, magazines, television, and radio. The means can be text or photos. This kind of pure factual news should be classified as current affairs news reports and is not protected.
3. Calendars, general tables of numbers, general tables and methods," are not protected.
Among them, the "Copyright" Law stipulates that "current affairs news" is not protected by the Copyright Law, but the communicator should indicate the source. Therefore, "single factual news" is not protected by the Copyright Law. The use of "single factual news" in various forms such as citation and rebroadcasting is not protected by the Copyright Law. It is considered an infringement of copyright. Regarding this aspect of infringement civil dispute cases, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" stipulates: "Pure factual information disseminated through mass broadcast media falls under Article 5 of the Copyright Law ( Current affairs news specified in item 2). When disseminating and reporting current affairs news collected and edited by others, the source must be indicated. ”
