Traditional Culture Encyclopedia - Traditional festivals - How long is the period of protection of property rights in copyright? Which article explains it?
How long is the period of protection of property rights in copyright? Which article explains it?
Article 21 of the Copyright Law of the People's Republic of China*** and the State of China stipulates that the period of protection of the right of publication is the same as that of the property right in copyright, which is for the lifetime of the author and 50 years after his/her death.
The period of protection of the right to copyright property is limited and varies according to the subject of copyright and the nature of the work:
(1) Where the author of a work is a citizen, the period of protection of the right to copyright property shall be the lifetime of the author plus 50 years after his death. After the death of the author, the period of protection is calculated from January 1 of the year following the author's death, and the period of protection expires on December 31 of the 50th year.
(2) For works of legal persons or unincorporated entities, the copyright (except for the right of authorship) is enjoyed by legal persons or unincorporated entities for works of office, and the period of protection for the right to publish, use and receive remuneration is 50 years; however, if the work has not been published within 50 years from the date of completion of its creation, it shall no longer be protected by the Copyright Law.
(c) The period of protection for the right to publish, use and receive remuneration for cinematographic, television and video works as well as for the copyright in photographic works shall be 50 years, ending on December 31st of the 50th year following the first publication of the work, provided that if the work has not been published within 50 years from the completion of the creation of the work, its copyright shall no longer be protected.
(iv) The period of protection of the right to publish, use and receive remuneration for a collaborative work shall be for the lifetime of the author plus 50 years after his death, provided that the calculation of the 50 years shall be based on the time of death of the last of the collaborating authors to die.
(v) The period of protection of the right to use and the right to receive remuneration for works of which the identity of the author is unknown shall be 50 years, ending on December 31st of the 50th year after the first publication of the work. However, once the identity of the author is established, the general provisions of the Copyright Law shall apply.
(vi) Exclusive publication rights of book publishers. It is contractually agreed that the book publisher shall enjoy the exclusive right of publication for a period not exceeding 10 years, and the contract may be renewed at the end of the period.
(vii) The right to use and receive remuneration for sound and video recordings is protected for a period of 50 years, ending on December 31 of the 50th year after the first publication of the work.
(viii) The period of protection for the right to use and the right to receive remuneration for radio and television programs shall be 50 years, ending on December 31 of the 50th year after the broadcast.
Expanded Information
Article 10 of the Copyright Law Copyright includes the following personal and property rights:
(1) the right of publication, i.e., the right to decide whether or not to publish a work;
(2) the right of attribution, i.e., the right to indicate the identity of the author and to sign his name to a work;
() the right of modification, i.e., the right to amend or modify the work;
(3) the right of access to the work;
() the right of access to the work. (iii) the right of modification, i.e., the right to modify or authorize others to modify a work;
(iv) the right to protection of the integrity of the work, i.e., the right to protect the work from being distorted or tampered with;
(v) the right of reproduction, i.e., the right to make one or more copies of the work by means of printing, photocopying, topography, audio recording, videotape, ripping, or reproduction;
(vi) the right of distribution, i.e., to offer the work to the public on sale (vi) the right of distribution, i.e., the right to make available to the public the original or a copy of the work by sale or gift;
2. Article 19(1) of China's Copyright Law stipulates that: if the copyright belongs to a citizen, the right to use and receive remuneration for the work of the citizen after his death shall be transferred in accordance with the provisions of the Law of Inheritance within the period of protection provided for in the present Law.
This provision indicates that if the copyright belongs to a citizen, after the death of the citizen, the property rights in the copyright he enjoys can be inherited by the legal heirs of the copyright holder within the period of protection prescribed by law. The property rights in the copyright and other legal property owned by individual citizens are the same, after the death of a citizen, that is, it becomes an integral part of the citizen's personal estate and is inherited by his legal heirs.
Baidu Encyclopedia - Copyright Law of the People's Republic of China
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