Traditional Culture Encyclopedia - Photography major - Does the author enjoy property rights when he donated the original works of art to the country for free before his death?

Does the author enjoy property rights when he donated the original works of art to the country for free before his death?

Do not enjoy. The transfer of ownership of works such as works of art does not mean the transfer of copyright, but the right to display the original works of art belongs to the original owner. The state needs to obtain the copyright of the work before obtaining the property right. If the author transfers the original work and copyright to the state, the state has the property right of the work.

First, the state can be the subject of copyright and enjoy the corresponding property rights of works: 1. If there is no heir or legatee after the author's death, the property right belongs to the state;

2. Copyright belongs to a legal person or other organization, and if there is no successor of rights and obligations after its alteration or termination, its property right belongs to the state;

The author expressed his willingness to hand over the copyright of his works to the state after his death through his will.

Article 10 of the Copyright Law includes the following personal rights and property rights: (1) the right of publication, that is, the right to decide whether a work is made public;

(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify a work;

(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;

(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;

(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;

(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(seventeen) other rights that should be enjoyed by the copyright owner.

The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.

Article 39 If the copyright belongs to a citizen, after the death of the citizen, his rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law shall be transferred in accordance with the provisions of the Inheritance Law within the protection period specified in this Law. If the copyright belongs to a legal person or other organization, after the legal person or other organization changes or terminates, the rights specified in Items (5) to (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or other organization that undertakes its rights and obligations within the protection period specified in this Law; If there is no legal person or other organization that undertakes its rights and obligations, it shall be enjoyed by the state.