Friends, the intellectual property class is here again。
Do you have any idea how the rights and interests of the creators behind these rich and diverse works are safeguarded when we often read, write papers, draw drawings, listen to songs, watch movies, play video games
Today we come to learn about copyright and how it protects our work。
01
The concept of copyright
Copyright generally refers to the personal and property rights of authors based on their work。
02
Types of works protected by copyright
The copyright act of the people's republic of china refers to works of intellectual origin in the fields of literature, art and science that are original and can be expressed in some form, including:
(i) written works
(ii) oral works
(iii) musical, dramatic, musical, dance, acrobatic works
(iv) fine arts, architectural works
(v) photographic works
(vi) audio-visual works
(vii) graphics and model works such as engineering designs, product designs, maps, diagrams, etc.
(viii) computer software
(ix) other intellectual achievements consistent with the characteristics of the work。
03
Subjects of copyright
The subject of copyright, also referred to as copyright holder, is a natural or legal person or an illegal body of persons legally entitled to copyright for literary, artistic and scientific works, and in certain circumstances the state may also be the subject of copyright。
The subject of copyright can be divided into original subjects and successor subjects。
Original subject: means a person who, after the completion of the creation of the work, has the right to copyright the literary, artistic and scientific work, directly in accordance with the provisions of the law or the contract agreement. In general, the original subject is the author。
Subject matter of succession: means a person who acquires all or part of his copyright by way of concession, succession, gift or otherwise provided by law。
04
Access to copyright
In different countries, copyrights are acquired in different ways, and can be summarized in terms of both registered and automatic acquisition。
Registered acquisition: means registration as a condition for the acquisition of copyright, which can be created only after registration, and which is referred to as “proceduralism”。
Automatically obtained: means that when the creation is completed, the author automatically acquires the copyright of the work by virtue of the creation and no other formalities are required. This method of obtaining copyright is known as “non-procedureism”。
Our copyright is acquired automatically. The copyright law of the people's republic of china provides that chinese citizens, legal persons or organizations of illegal persons, whether published or not, have the right to copyright in accordance with this law。
05
Duration of protection of copyright
The copyright act of the people's republic of china provides for different periods of protection of copyright rights:
06
Violations of copyright
Violations of copyright refer to the unauthorized use of copyrighted works and other unlawful exercise of copyright without the consent of the author or legal basis。
According to the provisions of our copyright act, the main violations are the following:
Under our copyright act, the legal liability for violations of copyright is civil, administrative and criminal。
Copyright is an important right of authors, and each of us should understand and respect it. By learning the fundamentals of copyright, we can help to defend our rights and interests and avoid unwitting violations of the intellectual achievements of others。
In academic research, we should strengthen knowledge and understanding of copyright and ensure that our research is legally protected, while paying attention to avoiding misconduct in the process of writing academic papers, such as:
References:
1. Editor-in-chief, wu handong. Intellectual property law (sixth edition). Beijing: law press, 2023.
