Traditional Culture Encyclopedia - Photography major - The difference between editing right and modifying right.
The difference between editing right and modifying right.
1. The right of modification belongs to the category of personal rights of works, while the right of adaptation belongs to the category of property rights of works. Therefore, the right of modification has the unique characteristics of the personal rights of works, that is, the right of modification cannot be transferred, inherited or bequeathed, while the right of adaptation can be transferred, inherited or bequeathed;
2. The right to modify refers to the right to modify or authorize others to modify the work, mainly to make partial changes to the content of the work and modify the text and expression; The right of adaptation is to create new works according to the basic expression of the original, and the created works belong to the category of deductive works. Therefore, modification will not produce new works, but adaptation will produce new works;
3. The protection period of the two is different, and the right of modification is permanently protected; The term of protection of the right of adaptation is 65438+February 3 1 in the 50th year after the death of the author, and 65438+February 3 1 in the 50th year after the first publication of the work if the author is a legal person or other organization.
The constitutive elements of the crime of copyright infringement include:
1, object element. The object of the crime of copyright infringement is the national copyright management system, the copyright of others and the rights and interests related to copyright;
2. objective factors. The crime of copyright infringement is objectively manifested as an act of infringing copyright and copyright-related rights and interests, and the circumstances are serious;
3. Main elements. The subject of the crime of copyright infringement is the general subject, including both natural persons who have reached the age of criminal responsibility and have criminal responsibility ability, as well as units engaged in publishing and distribution activities with and without state approval;
4. Subjective factors. Subjectively, this crime is intentional and has a profit-making purpose.
To sum up, the difference between the right to modify and the right to adapt is mainly reflected in the nature of the right, the object, the way to exercise the right, the restriction of the right, the duration of protection and so on.
Legal basis:
Article 20 of the Copyright Law of People's Republic of China (PRC)
The transfer of the ownership of the original work does not change the ownership of the copyright of the work, but the right to display the original works of art and photography is enjoyed by the original owner.
The author transfers the original ownership of unpublished artistic and photographic works to others, and the exhibition of the original works by the transferee does not constitute an infringement on the author's right to publish.
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