According to the provisions of our copyright act and international conventions on the protection of copyright, copyright is created automatically on the basis of the completion of the creation of the work and the acquisition of copyright is not subject to review or approval by any body or department。
Iv. Which rights are protected by the copyright act
Copyright is the general expression of the rights enjoyed by authors under the law and is a combination of rights made up of multiple rights. Under article 10 of our copyright act, copyright rights include the following rights: the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to reproduce, the right to issue, the right to rent, the right to exhibit, the right to perform, the right to show, the right to broadcast, the right to disseminate information networks, the right to film, the right to adapt, the right to translate, the right to compile and other rights that should be enjoyed by authors。
V. Which works are not subject to the copyright act
Protection
Under our copyright act, three types of work are not protected by law。
The first is the legal prohibition of publication and dissemination of works。
The second is work not covered by the copyright act. They include the following works:
(1) laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature of state organs, as well as their official translations
(2) current affairs news
(3) calendar, common number table, common tables and formulae
The third is works that have exceeded the period of protection set out in the copyright act。
Vi. Duration of copyright protection
How
The duration of copyright protection is regulated by our copyright act as follows:
(1) the right to signature in copyright, the right to modify and the right to protect the integrity of a work are not subject to limitation。
(2) the author is a citizen whose right to publish, reproduce, issue, rent, compile, present, film, information network, exhibition, etc. And remuneration is protected for a period of five decades after the author's death, up to 31 december of the fifth decade after his death。
(3) a work of a legal person or other organization whose copyright (except under a signature) is enjoyed by a legal person or other organization in the exercise of its functions, whose right to publish, use and receive remuneration is protected for a period of 50 years, up to 31 december of the fifth decade after the first publication of the work, but whose copyright is no longer protected if the work has not been published within 50 years of the completion of its own creation。
Vii. What are the violations of copyright
Violations of copyrights are regulated in articles 46 and 47 of our copyright act, respectively. Among them, article 46 provides for the following violations of copyright:
(1) the publication of the works without the permission of the author。
(2) the publication of works made in cooperation with others without the permission of the author of the cooperation, as his own work。
(3) the signature of the work of another person for the purpose of obtaining a personal name without participation in the creation。
(4) to distort or alter the work of others。
(5) theft of others' works。
(6) the use of works by means of exhibitions, films and similar film productions, or by means of adaptations, translations, notes, etc., without the permission of the author, unless otherwise provided by the copyright act。
(7) use of another person's work shall be remunerated but not paid。
(8) no authorization has been obtained from the author of a film or a work created by a similar method as a film production, computer software, audio-visual production or rights holder related to copyright. Except as otherwise provided in the copyright act, a person who rents his work or audio-visual products。
(9) designed without the permission of the publisher using the layout of the books and periodicals it publishes。
(10) the performance is broadcast live or publicly transmitted or recorded without the permission of the performer。
(11) other violations of copyright and rights relating to copyright。
Article 47 of the copyright act provides for the following violations of copyright:
(1) the reproduction, distribution, performance, screening, broadcasting, compilation and dissemination of works to the public through information networks without the permission of the author, unless otherwise provided by the copyright act。
(2) the publication of books in which other persons enjoy exclusive publishing rights。
(3) unless otherwise provided by the copyright act, a copy of a video recording of the performance is made, distributed or disseminated to the public through an information network without permission to perform。
(4) except as otherwise provided in the copyright act, a copy, distribution, and dissemination to the public through an information network of the audio-visual productions produced by the producer of the audio-visual recordings is not authorized。
(5) unless otherwise provided by the copyright act, broadcasting or copying radio or television is not permitted。
(6) unless otherwise provided by law or by statute, technical measures to protect copyright or rights relating to copyright are deliberately avoided or undermined by the right holder, without the consent of the author or the holder of the right to copyright。
(7) the right to regulate electronic information by deliberately deleting or altering works, audio-visual products, etc., without the consent of the author or rights holder concerned with copyright, unless otherwise provided by law or statute。
(8) the production and sale of fake works under the signature of another person。
Viii. The civil law of our country on copyright disputes
What is the statute of limitations
Copyright holders should file a complaint with the people's court within two years of the date on which they knew or should have known that the copyright had been violated, in accordance with the provisions of our civil code, otherwise their rights would not be protected by the people's court。
