How does China's copyright law define works?

Copyright law works refer to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work.

What are the conditions for copyright works to be protected?

(1) originality.

Originality, also known as originality, refers to the independent creation of works by the author, which is the product of the author's independent thinking and labor, that is, the works independently completed by the author in selecting and arranging words, plots, notes, colors, pictures and shapes. Because it is not original, it is not protected by copyright law. At the same time, the copyright law only requires that the work is "original", and whether it is "original" is irrelevant. Accordingly, even if the contents of the two works are exactly the same (of course, there can be no two identical works objectively), as long as the authors create independently, both works can obtain independent copyright.

(2) legitimacy.

Legitimacy is not a constituent element of a work, but it is a prerequisite for copyright law to protect a work. Generally speaking, legitimacy requires not only that the content of the work itself is not reactionary or obscene, but also that the copyright of others cannot be infringed. If the "work" is "created" because it completely infringes the copyright of others, not only can it not enjoy the copyright, but it should also bear the responsibility of copyright infringement; If a part of a work infringes the copyright of others, and the whole work is original, then you can enjoy the copyright of these original and non-infringing contents.

(3) Reproducibility. Reproduction forms include printing, painting, photography, recording, etc. Oral works are also protected.

According to the provisions of the copyright law, a work refers to an intellectual achievement that is original and can be expressed in a certain form in the fields of literature, art and science. Including: written works; Oral works; Music, drama, folk art, dance, acrobatic works, etc.

Thirteen situations of fair use of copyright are as follows:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political and economic issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast.

(6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., in order to display or save the version, copy the works collected by the library; (9) Performing published works for free, without charging fees to the public, without paying remuneration to the performers, and not for profit;

(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;

(eleven) to translate the published works of China citizens, legal persons or unincorporated organizations with the national common language into other national languages and publish them in China;

(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;

(thirteen) other circumstances stipulated by laws and administrative regulations.

No remuneration shall be paid to the copyright owner without permission, but the author's name and the title of the work shall be stated, which shall not affect the normal use of the work or unreasonably harm the legitimate rights and interests of the copyright owner.

To sum up, it is Bian Xiao's answer to the definition of works stipulated in China's copyright law, hoping to help you.

Legal basis:

Copyright law of the people's Republic of China

Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) other intellectual achievements that meet the characteristics of the work.

Article 22 The term of protection of an author's right of authorship, right of revision and right to protect the integrity of a work is unlimited.