What are the main principles of China's copyright law?

Another principle is the use of fictions to fill in gaps in the law. Sometimes, the law may not have a specific provision for a new or unique situation. The law of fiction allows for the creation of legal fictions to address these situations. For example, in international law, when dealing with unrecognized states, certain fictions may be applied to regulate interactions, like treating them as de facto entities with some limited legal rights, which helps maintain order and stability in international relations.

1. The scope of works protected by China's copyright law includes: (i) Original ideas, works and intellectual achievements in the fields of literature, art and science; (2) oral and non-oral performances; (3) Original news reports, news, news bulletins, etc. in current affairs, newspapers, journals, books, records, radio, television, movies, and other media; (4) Computer software and other digitized intellectual achievements. In addition, the copyright law also protects the author's original right to modify, adapt, translate, and so on. The differences between copyright and neighboring rights include: (1) Different types of rights: copyright is a personal right while neighboring rights are a property right; (2) The scope of protection is different: copyright mainly protects the work itself, while neighboring rights mainly protect the information, thoughts, or expressions of emotions conveyed by the work; (3) The way to exercise rights is different: the copyright owner can exercise it independently, while the neighboring right owner needs to pay the copyright owner a fee to exercise it; (4) Different time: copyright protects the work after the creation is completed, while neighboring rights protect the rights of the work in the process of communication. The copyright and the neighboring right are two different rights. The copyright focuses more on the creativity and ingenuity of the work itself while the neighboring right focuses more on the expression of the information, thoughts or emotions expressed by the work.

The copyright law refers to the law that grants copyright to literary, artistic, and scientific works. The copyright law was a law that protected the rights of the creator of a work to the intellectual results of his creation. On the computer network, copyright law and copyright law both play a vital role. The copyright law protects literary, artistic, and scientific works on the Internet. The copyright law protects the right to distribute these works on the Internet. For example, publishing novels, poems, essays, and other literary works on the Internet required compliance with copyright law. If these works were protected by copyright law, the author would have the right to modify the work, to grant others the right to use it, to receive remuneration, and so on. At the same time, the spread of literary works on the Internet also needed to abide by copyright laws. If the work is not protected by copyright law, there is no need to bear any legal responsibility. However, if the works were protected by the copyright law, the communicator had to abide by the relevant provisions of the copyright law and bear the corresponding legal responsibility for the violation. Therefore, protecting the rights of literary, artistic, and scientific works on the Internet required compliance with both copyright laws.

Correct. According to the relevant provisions of China's copyright law, only Chinese copyright owners are protected. The works of foreign copyright owners are not protected by China's copyright law.

The differences between domestic and foreign entities in China's copyright law are as follows: 1. The domestic entity refers to an institution, individual or organization established in China, such as a Chinese publishing house, composer, artist, etc. These entities enjoyed copyright in China and had to abide by China's copyright law. 2. Foreign entity: refers to an institution, individual or organization established abroad, such as an American publishing house, composer, artist, etc. These subjects also enjoyed copyrights in foreign countries and had to abide by the copyright laws of foreign countries. The differences were as follows: 1. The copyright of a domestic subject's work in China belongs to the domestic subject, while the copyright of a foreign subject's work in China belongs to an institution, individual or organization established in China. 2. The copyright protection period of works created by domestic entities in China is generally longer than that of works created by foreign entities in China. 3. Both domestic and foreign entities can enjoy copyright equally within the territory of China. 4. Both domestic and foreign entities must abide by China's copyright law and foreign copyright law when they jointly enjoy copyright in China. 5. If a domestic subject and a foreign subject jointly enjoy copyright in China, if a copyright dispute is involved, it shall be handled in accordance with the relevant provisions of the Chinese copyright law and the foreign copyright law.

The differences between domestic and foreign entities in China's copyright law are as follows: 1. Domestic-based works: works created in China, including literary works, art works, music, movies, television, photography, sculpture, drama, dance, and other artistic forms. 2. Foreign subject: refers to works created outside China, including literary works, art works, music, movies, television, photography, sculpture, drama, dance, and other artistic forms. China's copyright law protects both domestic and foreign creations, but there are some differences in the scope of protection and applicable rules. The works of domestic subjects were protected by copyright in China while the works of foreign subjects were protected by copyright outside China. For works of domestic subjects, if they were created in China, the Chinese copyright law would apply; if they were created outside China, the foreign copyright law would apply. For works of foreign entities, if they were created in China, the Chinese copyright law would apply; if they were created outside China, the foreign copyright law would apply. When the works of domestic and foreign entities are exhibited, performed, screened, broadcasted, or spread through information networks within the territory of China, the provisions of the Chinese or foreign copyright laws shall apply. When works of domestic and foreign entities are published in China, they shall be handled in accordance with the provisions of the Chinese copyright law or the foreign copyright law. In addition, China's copyright law also provides for some special protection rules between domestic and foreign entities. For example, foreign entities must abide by Chinese laws when creating or performing in China.

Ancient China did not have a copyright law because the Chinese legal system had already been formed as early as the Spring and Autumn Period. The copyright law was proposed by the European Enlightenment philosophers in the early 20th century. The copyright protection of literary works in ancient Chinese laws mainly relied on the copyrights of ancient poems, Fu, and other literary works such as The Book of Songs and The Songs of Chu. These works already had intellectual property rights when they were created, so the author's copyright was protected by the law at that time. However, the ancient Chinese law did not clarify the ownership of the copyright of literary works like the modern copyright law. During the Warring States Period, some vassal states had a vague treatment of the copyright ownership of literary works, which also led to some disputes about the copyright protection of ancient Chinese literary works. In addition, ancient Chinese laws did not provide sufficient protection for the copyright of literary works. In most cases, the copyright of a work would not be protected by law, and the rights and interests of the creator might not be fully protected. Therefore, although there were some copyrights of literary works in ancient China, due to the lack of clear legal protection, these rights and interests were not fully protected.

The unpublished works of foreigners and foreigners can be protected by China's copyright law. According to article 1 of the copyright law, copyright includes the following personal rights and property rights: (1) The right of publication is the right to decide whether the work is made public or not. (2) The right to protect the integrity of a work is the right to protect the work from damage. (3) The right of reproduction means the right to reproduce, adapt, translate, compile and arrange the work. (4) The right of distribution refers to the right to sell or rent a work to the public by means of sale, rental, exchange, or gift, as well as the right to distribute and transmit a work to the public through information networks. (5) The right of adaptation is the right to change a work or to modify, edit, synthesize, or adapt a work into another work. (6) The right of translation is the right to translate a work in one language into another language. (7) The right of compilation is the right to compile and organize works into a certain structural form. The unpublished works of foreigners and stateless persons are classified as "unpublished works" under Item 1, Section 1, of the Law of the People's Republic of China. These works could be protected by copyright law as long as they met the conditions stipulated by the law.

The unpublished works of foreigners and foreigners are protected by China's copyright law because the third paragraph of article 10 of the copyright law provides that the works of people with the nationality of the People's Republic of China enjoy copyright in accordance with this law. Therefore, as long as foreigners and foreigners had Chinese nationality, their unpublished works could be protected by China's copyright law. In addition, according to the provisions of the first paragraph of article 2 of the "copyright law", the works of foreigners and foreigners who were first created in the territory of China shall enjoy copyright in accordance with this law. Therefore, if the unpublished works of foreigners and foreigners were completed in China, they could enjoy copyright in China.

The term of protection for the right to publish a citizen's work in China's copyright law is: 1. A citizen's work, whether published or not, shall enjoy copyright in accordance with this Law. 2. If a citizen's work was published before the implementation of the Law, the copyright shall be enjoyed in accordance with this Law. Therefore, the term of protection for the right to publish a citizen's work is 50 years from the date of the implementation of the copyright law.