Traditional Culture Encyclopedia - Photography major - Copyright ownership and real right

Copyright ownership and real right

First, how to determine the ownership of copyright.

1, the citizen who created the work is the author;

2, presided over by a legal person or other organization, created on behalf of a legal person or other organization, and the legal person or other organization is responsible for the work, the legal person or other organization shall be regarded as the author;

3. If there is no proof to the contrary, the citizen, legal person or other organization that signed the work is the author;

4. Legal basis: Article 11 of the Copyright Law of People's Republic of China (PRC) stipulates: "Copyright belongs to the author, except as otherwise provided by this Law."

Second, what is the right of the term of copyright protection?

In countries that recognize that copyright includes personal rights and property rights, the term of protection of copyright mainly refers to the term of economic rights in copyright, that is, the property rights of works are limited by a certain time.

1. The term of protection of the author's right of authorship, modification and protection of the integrity of the work is unlimited.

2. For citizens' works, the protection period of publishing right and property right is fifty years before the author's death and ends at 65438+February 3 1 day in the fiftieth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.

3. The term of protection for cinematographic works, works created by methods similar to cinematography and photographic works, works of legal persons or other organizations, and works of legal persons or other organizations with copyright (except the right of authorship) is 50 years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, the copyright law will no longer protect it.

4. In countries that admit that copyright includes personal rights and property rights, copyright property rights have a certain time limit, but the personal rights of copyright are inseparable from the author and will be protected forever.

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