Duration of protection of film works and photographic works

The copyright protection period of a film work is 50 years. The protection period of film works and photographic works created by similar film production methods is 50 years; As of 65438+February 3 1, the 50th year after the first publication of the work, but the unpublished works within 50 years after creation are no longer protected. If the copyright belongs to a legal person or an unincorporated organization, it shall be enjoyed by the legal person or an unincorporated organization that undertakes its rights and obligations after alteration and termination; If there is no legal person or unincorporated organization that undertakes its rights and obligations, it shall be enjoyed by the state.

The copyright protection period of photographic works is 65438+February 3 1, that is, 50 years after the first publication of the works. This is clearly stipulated in the copyright protection law, and the protection period recognized for different types of works is also different. Depending on the actual type, avoid mistakes in the application of the law.

1. How long is the copyright protection period of photographic works?

1. For a citizen's work, the protection period of the publishing right and the property right of the work is 50 years before and after the author's death, ending at 65438+February 3 1 in the 50th year after the author's death. For example, A created a work on1March 4, 980, but it was not published. If A dies on June 10, 2000, the protection period of the publishing right and the property right of the work shall be from March 4, 2000 to June 36438+02, 2050.

2. For the works of legal persons or other organizations, as well as the job works whose copyright (except the right of signature) is enjoyed by legal persons or other organizations, the protection period of the publishing right and the property right of the works is 50 years, generally from the first publication of the works to 65438+February 3 1 day in the 50th year after the first publication of the works. However, if the work is not published within 50 years after creation, the copyright law will no longer protect it.

3. The term of protection of the publishing rights and property rights of film works, works created by similar photographic methods and photographic works is 50 years, ending at 65438+February 3 1 in the 50th year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, its copyright will no longer be protected.

4. The term of protection of the right to publish a cooperative work and the property right of the work is 50 years after the author's death, and ends at 65438+February 3 1 50 years after the death of the last deceased author. For example, A and B created a work on1March 4th, 980. If A died in 1, 1990, and B died in 2000 10/0, the publication right and copyright protection period of the work will start from 1980.

5. For works with unknown authors, the copyright protection period is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works.

Second, the subject of copyright protection.

Copyright protection is divided into general subject and special subject: the subject of copyright is generally the author, that is, the person who directly creates the work.

1, citizen. Citizens who create works are authors and can become the subject of copyright according to law;

2. Legal person. A work presided over by a legal person, created on behalf of the legal person's will, and undertaken by a legal person unit is regarded as the author;

3. A work hosted by an unincorporated entity, created on behalf of the unincorporated entity and undertaken by the unincorporated entity is regarded as the author;

4. Foreigners. The works of foreigners are first published in China and enjoy copyright according to law;

5. country.

In judicial practice, the specific situation of copyright protection can be handled according to the identification and handling of the copyright owner's works, and when the behavior is infringed by others, the relevant personnel need to be investigated for legal responsibility. Disputes can be settled through consultation or brought to court for judgment.

This article covers a wide range. If necessary,