1. Will the arrangement infringe copyright?
Will the arrangement infringe the copyright? It will infringe copyright, mainly because our country has not made a clear determination as to whether arrangement falls within the scope of copyright protection. Arranger status has not yet been recognized. Judging from my country's past judicial practice, the status of the arranger's intellectual achievements in copyright law has not been recognized.
The works referred to in Article 3 of the "Copyright Law" include literature, art and natural sciences, social sciences, engineering technology, etc. created in the following forms Works: written works; oral works; works of music, drama, folk art, dance, and acrobatic art; works of fine art and architecture; photographic works; film works and works created with methods similar to filmmaking; engineering design drawings, product design drawings, and maps , schematic diagrams and other graphic works and model works; computer software; other works specified by laws and administrative regulations.
Article 4: Copyright holders shall not violate the constitution and laws or harm public interests when exercising their copyrights. The state supervises and manages the publication and dissemination of works in accordance with the law.
2. Who is the subject of copyright protection?
Copyright protection is divided into general subjects and special subjects: the subject of copyright is generally the author, that is, the person who directly creates the work.
1. Citizens. The citizen who creates the work is the author, and the author can become the subject of copyright in accordance with the law;
2. Legal person. For works hosted by a legal person, created on behalf of the will of the legal person, and for which the legal person is responsible, the legal person is deemed to be the author;
3. Non-legal legal entities are responsible for Host, create on behalf of the will of an unincorporated unit and be created by an illegalFor works in which a legal entity is responsible, the non-legal entity shall be regarded as the author;
4. Foreigners. If a foreigner's work is first published in China, he shall enjoy copyright in accordance with the law;
5. State.
(1) The state accepts the copyright of works bequeathed by deceased writers;
(2) Ancient books The work has no author or the author is unclear;
(3) The country nationalizes certain works;
(4) After the legal person or unincorporated unit is changed or terminated, the right to use the work and the right to receive remuneration are within the protection period, and there is no legal person or unincorporated unit to assume its rights and obligations.
Under special circumstances, collaborative works, editorial works, professional works, commissioned works, interpretation works, film works and works created by methods similar to filmmaking must be in accordance with the law. Identify the copyright holder.
3. What are the infringements of copyright law?
(1) Publishing his work without the permission of the copyright owner;
(2) Treating the work created in collaboration with others as his own without the permission of the co-author Publishing independently created works;
(3) Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Without the permission of the copyright owner, the work is used for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc. Except as otherwise provided by law;(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Unfilmed works and works created using methods similar to filmmaking, computer software, and sound recordingsWith the permission of the copyright holder of the video product or the copyright-related right holder, the work or the audio and video product may be leased, except as otherwise provided for in this law;
(9 ) Without the permission of the publisher, using the layout design of books or periodicals published by it;
(10) Without the permission of the performer, from live broadcast or public Transmit their live performances, or record their performances;
(11) Other acts that infringe on copyright and copyright-related rights and interests.
[Warm reminder] Not every situation is objective and consistent. The same type of answer can solve 85% of the legal risks we encounter. But the real solution requires detailed analysis of specific problems. In complex cases, it is recommended to consult a professional lawyer as soon as possible, and it only takes 3 to 15 minutes to get a targeted answer!
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