Which works do not enjoy the right of authorship
are folk literary and artistic works, Due to historical reasons, the author cannot be traced and generally does not enjoy the right of authorship. The copyright is generally owned by the state or a specific regional ethnic group.
"Copyright Law of the People's Republic of China"
Article 6 Copyright of Folk Literature and Art Works Protection measures shall be separately formulated by the State Council.
Who should own the copyright of Folk literature and art
Copyright includes Copyright personal rights and copyright property rights. The right to publish, authorize, modify and protect the integrity of the work are personal rights. Rights such as reproduction rights and distribution rights are property rights. Regarding the protection period of rights, the protection period of the right of signature, the right of modification, and the right to protect the integrity of the work is not limited, but the right of publication and property rights have protection period restrictions.
In view of the particularity of folk literature and art works, at the same time In order to encourage the inheritance and promotion of culture, the level of copyright protection for folk literature and art works should not be too high and should be lower than the level of protection for other works. Copyright protection for folk literature and art works should apply the principle of fully protecting personal rights and limiting the protection of property rights. In practice, the use of folk literature and art works within the scope of tradition and custom, whether for profit-making purposes or not, can be done without the permission of the copyright owner and without payment of remuneration to the copyright owner. However, no matter how folklore works are used in any way, the name of the work and the name of the specific regional ethnic group that created and inherited the work should be specified or labeled.
For interpretation works of folk literature and art, the Copyright Law can be directly applied for comprehensive protection. However, since the interpretation works are works produced by "re-creating" works of folk literature and art,The copyright of the author of this interpretation does not extend to that part of the folklore work involved in the work. When it comes to copyright protection for interpretations of folklore and art, it is necessary to recognize the creative work that the author of the interpretation has put into the work, but at the same time, the content of the folklore and art works must not be inappropriately included in the copyright protection scope of the interpretation and monopolized, thereby hindering the monopoly. Others use the folklore works to carry out normal re-creations. This will be detrimental to the inheritance of folk literature and art. In practice, for earlier and later interpretations of the same work of folklore and art, if it can be determined that there is an obvious utilization relationship and indirect benefit between the later work and the earlier work, the "fairness principle" and "benefit" should be applied. Sharing Principle" is properly handled.
Copyright protection for folk literature and art works means that the right holder has the right to claim intellectual property rights. The right of request refers to the right of the obligee to request others to perform specific actions (actions or omissions). What needs to be noted is the difference between the right to request and the right to sue. The right to request belongs to private rights, while the right to sue is the right to request public relief from the state, which belongs to public rights.
When the copyright of folk literature and art works is infringed, ethnic groups in specific regions can request others to stop the infringement and bear corresponding legal liability based on their intellectual property rights. . However, due to the particularity of the rights subject status, the government, as the representative of the interests of ethnic groups in a specific region, in order to safeguard the public interests of this group, in accordance with the principles established by our country's Constitution and on the premise that it does not violate the prohibitive provisions of the law, can use its own name to protect the public interests of this group. File a lawsuit and exercise your right of action.
In terms of the way to bear infringement liability, for the infringement of improper use of folk literature and art works, the specific regional ethnic groups who created and inherited the folk literature and art works shall be liable. If any damage is caused to the personal rights of the copyright owner, the method of eliminating the impact and making an apology can be used to bear legal responsibility.
If readers have other legal issues and need assistance, they can go to the Legal Savior Network for consultation. We have a professional team of lawyers who can help you.
