Traditional Culture Encyclopedia - Photography and portraiture - How long is the protection period of property rights in copyright? Which clause explains it?
How long is the protection period of property rights in copyright? Which clause explains it?
The term of protection of the property right of a work is limited, which varies according to the subject of copyright and the nature of the work:
(1) The author of a work is a citizen, and the protection period of the property right of his work is 50 years after the author's death. After the author's death, the protection period begins at 65438+ 1 in the year following the author's death and ends at 65438+3 1 in the 50th year.
(2) The copyright of a work of a legal person or entity without legal personality (except the right of signature), and the protection period of the right of publication, use and remuneration enjoyed by a legal person or entity without legal personality is 50 years, but if the work is not published within 50 years after the completion of creation, the copyright law will no longer protect it.
(3) The right to publish, use and receive remuneration for films, television and video works. The copyright protection period of photographic works is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works. However, if a work is not published within 50 years after its creation, its copyright will no longer be protected.
(4) The term of protection of the right to publish, the right to use and the right to receive remuneration of a cooperative work shall be fifty years after the death of the author, but the starting point of fifty years shall be the death of the last co-author.
(5) The protection period of the right to use and receive remuneration for works with unknown authors is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works. However, once the author's identity is determined, the general provisions of the copyright law shall apply.
(6) The exclusive publishing right of a book publishing entity. According to the contract, the exclusive publishing rights of book publishers shall not exceed 65,438+00 years, and the contract may be renewed upon expiration.
(7) The term of protection of the right to use and the right to receive remuneration for audio and video recordings is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first publication of the works.
(8) The protection period of the right to use radio and television programs and the right to receive remuneration is 50 years, ending at 65438+February 3 1 day in the 50th year after broadcasting.
Extended data
Article 10 of the Copyright Law includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
2. Paragraph 1 of Article 19 of China's Copyright Law stipulates: If the copyright belongs to a citizen, after the death of the citizen, the right to use his work and the right to receive remuneration shall be transferred in accordance with the provisions of the Inheritance Law within the protection period stipulated in this Law.
This provision shows that if the copyright belongs to a citizen, after the death of the citizen, his property right in the copyright can be inherited by the legal heir of the copyright owner within the protection period stipulated by law. The property right in copyright, like other legal property owned by individual citizens, becomes an integral part of their personal heritage after their death and is inherited by their legal heirs.
Baidu Encyclopedia-People's Republic of China (PRC) Copyright Law
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