Traditional Culture Encyclopedia - Photography major - The right of publication belongs to the economic right of copyright.
The right of publication belongs to the economic right of copyright.
First, does the right of publication belong to the property right of works?
The right of publication does not belong to the property right of works. On the contrary, the right of publication belongs to the personal right of the work, which is enjoyed by the author and cannot be transferred, deprived or restricted.
Property right of works, also known as "economic right of works", is the symmetry of personal rights of works, and refers to the right of authors and communicators to use works in some form, so as to obtain economic remuneration according to law. Mainly includes the following points:
(1) right to use
The right to use refers to the right to use a work by means of reproduction, distribution, lease, exhibition, projection, broadcasting, network communication, shooting, adaptation, translation and assembly. Specifically, it includes the following contents:
1. The right of reproduction refers to the right to make one or more copies of a work by means of printing, copying, rubbing, audio recording, video recording, copying and remaking. This is the most basic and important right in the property right of works.
2. The right of distribution, that is, the right to provide the original or copy of a work to the public by way of sale or gift.
3, the right to rent, that is, the right to pay others for the temporary use of film works and works and computer software created by methods similar to filming, except that computer software is not the main object of rental.
4. The right of exhibition, that is, the right to publicly display the originals or copies of artistic works and photographic works.
5. The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways. Public performance is called live performance or direct performance; Performances that publicly broadcast works in various ways are called mechanical performances or indirect performances. For example, hotels, cafes and other business units play background music without permission, which may infringe on the mechanical performance rights of music works.
6. The right of projection, that is, the public reproduction of art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment.
7. The right to broadcast, that is, the right to broadcast or disseminate works in public 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.
8. The right of information network communication refers to 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.
9. The right to film, that is, the right to fix the work on the carrier by making a film or similar methods.
10, adaptation right, that is, the right to adapt a work and create a new work with originality.
1 1. Translation right, that is, the right to convert a work from one language to another.
12, the right to assemble, that is, the right to assemble a work or fragments of a work into a new work by selecting or sorting.
13. Other rights to use works that should be enjoyed by the copyright owner.
(2) the right to use the license
The right to use license refers to the right of the copyright owner to license others to use the work according to law and get paid. A licensing contract shall be concluded with the copyright owner for the use of other people's works, unless it is legally permitted.
(3) Right of transfer
The right of transfer refers to the right of the copyright owner to transfer one or more rights in the right to use according to law and get paid. The object of transfer cannot be the personal right of the work, but only the right to use in the property right of the work, and one or more or all of the right to use can be transferred.
(4) Right to remuneration
The right to remuneration refers to the right of copyright owners to receive remuneration for using or transferring works according to law.
Therefore, according to the above provisions, the right of publication does not belong to the property right of works.
Therefore, the right of publication does not belong to the property right of works. On the contrary, the right of publication belongs to the personal right of the work, which is enjoyed by the author and cannot be transferred, deprived or restricted. If you don't understand anything, you can find a professional lawyer who will give you a more comprehensive answer.
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