Traditional Culture Encyclopedia - Photography major - Period of protection of right of publication

Period of protection of right of publication

1. The period when the author is a citizen

The protection period is the author’s lifetime and 50 years after the death, ending on December 31 of the 50th year after the author’s death; if it is a collaborative work , ends on December 31 of the 50th year after the death of the last author.

2. The period when the author is a legal person or other organization

The protection period is 50 years, ending on December 31 of the 50th year after the work was first published; however, the work has been created since its creation If the work is not published within the last 50 years, it will no longer be protected by copyright law.

3. Duration of special works

Film works and works created using methods similar to filmmaking and photographic works have a protection period of 50 years, ending on the 50th anniversary of the first publication of the work. December 31 of the year; however, if the work has not been published within 50 years after its creation, the copyright law will no longer protect it.

For works with unknown authors, the protection period of the right to use and receive remuneration is 50 years after the work is first published. The "unidentified" author here mostly refers to the situation where it is difficult to determine the author's identity because the work is published under a pseudonym, a pseudonym, a pseudonym, or without a signature. If the author is identified within 50 years, the protection period of his copyright shall be as specified.

my country’s Copyright Law separately stipulates the protection periods for personal rights and property rights of copyrights. According to Article 20 of the Intellectual Property Law, the author's right to authorize, modify, and protect the integrity of the work are not restricted. That is, these three rights are permanently protected by law. Since the author's right to publish is closely related to the author's exercise of property rights, the Copyright Law provides separate provisions. According to Article 21 of the Copyright Law, the protection period of the right of publication is the same as the protection period of the property rights in the copyright, which is the life of the author and 50 years after his death.

: Film works, works created by methods similar to filmmaking, and photographic works, the right of publication and the rights stipulated in Article 10, Paragraph 1, Items (5) to (17) of the Copyright Law The protection period of the right is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work has not been published within fifty years after the creation, the copyright law no longer includes protection.

Legal basis: Article 20 of the "Copyright Law" stipulates the protection period of the personal rights of works, that is, the protection period of the author's right of signature, right of modification, and right to protect the integrity of the work is not limited. The author's right of signature, right of modification, and right of protecting the integrity of the work are most closely related to the author's person. Even after the author's death, others may not infringe upon it.