How much do you know about intellectual property week and the copyright law?
2022-04-25
The joint Department of Guangdong Federation of literary and art circles (rights and interests protection department) and the comics art committee of Guangdong Artists Association jointly organize the creation of comics and publicize the newly revised copyright law, hoping to deepen the artists' understanding of the copyright law in a vivid artistic form, advocate respect for creation, encourage innovation in the literary and art circles, and constantly improve the awareness and ability of intellectual property protection in the literary and art circles. When will the newly revised copyright law of the people's Republic of China come into force? On November 11, 2020, the Standing Committee of the 13th National People's Congress passed the decision on Amending the copyright law of the people's Republic of China by a high vote, and the newly revised copyright law will be officially implemented on June 1, 2021. What works are protected by the copyright law? What are the forms of works? Works protected by the copyright law refer to intellectual achievements that are original and can be expressed in certain forms in the fields of literature, art and science, including 9 contents: written works; Oral works; Music, drama, quyi, dance and acrobatic works; Art and architectural works; Photographic works; Audiovisual works; Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams; Computer software; Other intellectual achievements that conform to the characteristics of the work. What personal rights and property rights does copyright include? Four personal rights: the right to publish, the right to sign, the right to modify and the right to protect the integrity of works; 12 property rights: reproduction right, distribution right, rental right, exhibition right, performance right, projection right, broadcasting right, information network communication right, production right, adaptation right, translation right, compilation right, etc. Who enjoys the copyright of film works and TV dramas in audio-visual works? The copyright of film works and TV plays in audio-visual works shall be enjoyed by the producer, but the writers, directors, photographers, Lyricists, composers and other authors shall enjoy the right of authorship and shall be entitled to remuneration in accordance with the contract signed with the producer. The author of a play, music and other works that can be used alone in an audio-visual work shall have the right to exercise his copyright alone. What is the copyright of works completed by multiple people? The copyright of a work created jointly by two or more persons shall be jointly enjoyed by the co authors. Those who do not participate in the creation cannot become co authors. The copyright of a cooperative work shall be exercised by the co authors through consensus; If no consensus can be reached and there is no justified reason, either party shall not prevent the other party from exercising other rights except transfer, licensing others' exclusive use and pledge, but the proceeds shall be reasonably distributed to all cooperative authors. Where a cooperative work can be used separately, the authors may enjoy the copyright of the parts they create separately, but the exercise of the copyright shall not infringe on the copyright of the whole cooperative work. Does the ownership transfer of the original work have an impact on the ownership of copyright? The transfer of the ownership of the original works does not change the ownership of the copyright of the works, but the exhibition right of the original works of art and photography shall be enjoyed by the owner of the original works. What are the ways to solve copyright disputes? (1) The copyright owner or relevant obligee shall negotiate with the infringer for settlement; (2) Apply to an arbitration institution for arbitration; (3) Bring a lawsuit to the people's court. How to determine the amount of compensation for infringement of copyright or copyright related rights? Where a copyright or copyright related rights are infringed, the infringer shall compensate the infringer according to the actual losses suffered by the obligee or the infringer's illegal income; Where it is difficult to calculate the actual loss of the obligee or the illegal income of the infringer, compensation may be made with reference to the royalties. Where a person intentionally infringes upon copyright or copyright related rights and the circumstances are serious, he may be compensated for not less than one time but not more than five times the amount determined in accordance with the above methods. If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalties, the people's court shall, according to the circumstances of the infringement, make a judgment to pay compensation of not less than 500 yuan but not more than 5 million yuan. What is work registration? What are the benefits of work registration? Work registration refers to the system that copyright owners voluntarily register their works with the registration authority recognized by the national copyright authority, so as to prove that they enjoy copyright in their works. Once a work is completed, it enjoys copyright and is protected by the copyright law. It does not need to be published or registered. However, the voluntary registration of works by obligees is helpful to solve copyright disputes caused by copyright ownership and provide preliminary evidence for the settlement of copyright disputes. How to register works? The copyright owner shall log in to "Guangdong copyright network"（ http://www.gd-copyright.cn ）"Guangdong copyright registration system" (hereinafter referred to as "copyright registration system") carries out user registration. (Xinhua News Agency)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
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