Subject and object of copyright

The subject of copyright can be citizens, natural persons, legal persons, organizations and countries. The objects of copyright are: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.

Legal objectivity:

Copyright is divided into personal rights and property rights of works. Among them, the connotation of the personality right of a work includes the right of public publication, the right of name and the right to prohibit others from using the work to damage the author's reputation by distorting or tampering. The property right of a work is an intangible property right based on human knowledge, so it belongs to a kind of intellectual property right, including the right of reproduction, public dictation, public broadcasting, public exhibition, public performance, public communication, public display, adaptation, distribution and rental. Copyright should protect the expression of ideas, not the ideas themselves. While protecting the interests of private property rights, we must take into account the accumulation of civilization and the dissemination of knowledge. Algorithms, mathematical methods, technology or machine design are not the objects of copyright protection. The object of copyright refers to a work. (1) What is a work? Article 2 of the Regulations for the Implementation of the Copyright Law: Works refer to intellectual creations that are original and can be reproduced in some form in the fields of literature, art and science. (2) Legal characteristics or necessary conditions of the work: 1. Originality: the work must be the result of the author's creative and independent completion; For example: create by yourself, not plagiarize or plagiarize; It is not easy to judge the originality of a work, and the standard of originality is also very low; Similarity cannot be said to be plagiarism. Translating the same novel, or writing novels or other works based on the same theme, are likely to have similarities. 2. Reproducibility: that is, it can be expressed or fixed in a certain material form for others to use; Carriers include: paper, audio recording, video recording, etc. Article 52 of the Copyright Law of People's Republic of China (PRC) stipulates: "Copying as mentioned in this Law refers to the act of making a work into one or more copies by printing, copying, rubbing, recording, video recording, copying and remaking." (3) Classification of works: * Protected works 1. Written works refer to works created with words, numbers or writing symbols. Symbols refer not only to words, but also to shorthand, telecommunications, numbers, braille and so on. Although some works are expressed as written symbols, they are actually not the combination of words, but the artistic connotation of words. For example, calligraphy is not a written work, but an artistic work. Whether it is a written work or not, we must first consider its originality. The name is the trademark: A Zi. Meeting notices, notices, invitations and phone books are not protected. But if the design is unique, it is protected by originality. 2. Oral works: impromptu works of oral language: speeches, lectures, debates, etc. ; As mentioned earlier (Regulation 2.2), countries such as Britain, the United States and France do not recognize oral works because there is no carrier of expression. Ling Tao doesn't know where to go, but he can plow in the Peach Blossom Garden. 3. Musical works; Refers to the creation of works that express their contents in melodic form with symbols, numbers or other marks: music scores, symphonies, marches, songs, etc. For example: Honghu Lake. 2. Drama: refers to dramas, operas and opera works for stage performances; 5. Quyi works; Refers to works expressed by continuous actions, gestures and expressions; Drama and Quyi works are sometimes regarded as written works, such as plays. 6. Dance works: refers to a series of movements and postures that give beauty to one or more people when dancing; One refers to dance achievements, and the other refers to recorded dance audio-visual products. 7. Art works: refers to works that create aesthetic images with lines and colors. 1) Pure works of art (painting, calligraphy); 2) Practical handicrafts: such as stage costumes, furniture, patterned products, etc. Works of art also have original styles: 8. Photographic works refer to artistic works that record the image of objective objects on photosensitive materials by means of instruments, such as people photos, landscape photos, artistic photography, etc. Copyright of artistic photography. 9. Movies, TV and video works: 10, engineering design, product design drawings and their descriptions: the design or model of an engineering or product is an artistic work or industrial design, which is not included. 1 1, map works: 12, schematic diagram 13, computer software 12, folk literature and art works.