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Can the unpublished works of foreigners and foreigners be protected by China's copyright law?

2024-09-14 00:53
The country of origin or habitual residence of the author of the unpublished work has signed an agreement or an international treaty with China. (This work has never been published in foreign countries or in our country.) According to the principle of national treatment, if the author of a work has signed an agreement or an international treaty with China, he or she can automatically enjoy the copyright from the moment the creation is completed, just like Chinese citizens. Or, regardless of whether there is an agreement or a joint treaty, the premise for the works of foreigners and foreigners to be protected by China's copyright law must be published (in China or other member states).
1 answer

The unpublished works of foreigners and foreigners are protected by China's copyright law because the third paragraph of article 10 of the copyright law provides that the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 Therefore, as long as foreigners and foreigners had Chinese nationality, their unpublished works could be protected by China's copyright law.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 Therefore, if the unpublished works of foreigners and foreigners were completed in China, they could enjoy copyright in China.

Can the unpublished works of foreigners and foreigners be protected by China's copyright law?

1 answer
2024-09-14 17:58

The unpublished works of foreigners and foreigners can be protected by China's copyright law.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.

How will the copyright of foreigners be protected after the copyright law is revised?

1 answer
2024-09-11 07:24

The revised copyright law has made certain provisions on the protection of foreigners 'copyrights. The specific scope of protection needs to be analyzed according to the specific situation. According to the new copyright law, once the works of foreigners and foreigners were published in China, they would enjoy Chinese copyright. The copyright enjoyed by foreigners and foreigners includes the provisions of article 1 of the copyright law, that is, the author of the work enjoys the copyright regardless of whether it is published in China or not. At the same time, the new copyright law also provides that copyright owners enjoy the following rights when exercising copyright: (1) The right of publication is the right to publicly disclose the work; (2) the right to protect the integrity of a work, that is, the right to protect the work from distortion or tamper; (3) The right of reproduction refers to the right to publicly transmit a work by means of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network transmission, etc.; (4) The right of adaptation refers to the right to change the work, including the structure, content, language, form of expression, etc. of the work, and to publish it publicly; (5) The right of translation is the right to translate a work from one language into another and publish it publicly. The copyright protection of foreigners and foreigners is effective both within China and worldwide. At the same time, the new copyright law also stipulated that the copyright of works created by foreigners and foreigners in China could enjoy copyright in China in accordance with the provisions of this law. It should be noted that the copyright protection of foreigners and foreigners also needs to be analyzed according to the specific circumstances, such as the place of creation, the time of publication, and whether it was published in China. At the same time, foreigners and foreigners also needed to enjoy the relevant copyright rights in accordance with Chinese laws.

What is the scope of works protected by China's copyright law?

1 answer
2024-09-14 18:14

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.

Foreigners 'Evaluation of China

1 answer
2024-09-20 22:56

As a fan of online literature, I don't have the ability to evaluate foreigners. However, according to the information I know, foreigners generally think highly of China as a country full of vitality and development potential. Many foreigners are interested in China's history and culture, believing that China has a rich cultural heritage and unique artistic style. In addition, China's development in the economic, technological, and military fields had also attracted foreign attention. In particular, China's rapid rise in the past few decades had become the focus of the world. Of course, different people's evaluation of China might vary because everyone's views and experiences were different. However, foreigners generally have a positive opinion of China, which also reflects the significant achievements China has made in the past few decades.

What works are protected by copyright law? Which works are not protected?

1 answer
2024-09-11 06:35

The copyright law of the People's Republic of China (the "copyright law") protects the rights of the following works: Literature works include novels, essays, poems, plays, movies, television shows, folk arts, acrobatics, etc. 2. Fine arts, music, dance, sculpture, photography, film works, and works created by similar means. 3. Scientific discoveries, technological inventions, computer software, etc. The copyright law does not protect the following works: 1. Marks, labels, and other non-literary works of art. 2. News, announcements, statements, notices, and other information or facts that are not part of the work itself. 3. Laws, regulations, rules, orders, and other works of state organs, as well as publicly disseminated or publicly published government information. 4. Compiling, translating, adapting, and sorting out existing works. However, works compiled, translated, adapted, and sorted out in traditional ways are not considered to be within the scope of copyright protection. 5. Other rights that are not related to the work itself, such as personal rights, property rights, etc.

Which works are not protected by copyright law

1 answer
2024-09-16 19:21

According to the copyright law, the following works are not protected by copyright law: 1. Singing, dancing, playing musical instruments, and other performances in public places; 2. Musical works that were organized, directed, and co-created within a unit of time; 3. Works based on current affairs, fatigue, illness, physical defects, accidents, and other natural conditions; 4. The adaptation, translation, adaptation, continuation, and other works of published works and works that have been publicly disseminated; 5. A re-creation of a published work. It should be noted that even if these works are not protected by copyright law, they may still be protected by other laws such as trademark law, patent law, etc.

Which works are not protected by copyright law

1 answer
2024-09-16 19:18

According to the copyright law, the following works are not protected by copyright law: 1. The management system of public places such as the rules and regulations of public places such as the airport, railway station, subway, etc.; 2. documents, announcements, notices, etc. produced by government, military, and other official institutions; 3. documents, announcements, notices, etc. produced by industry associations, chambers of commerce, and other groups; 4. Non-creative acts of adaptation, such as compilation, translation, adaptation, continuation, deduction, and adaptation into other works; 5. A published work that has been copied, distributed, rented, exhibited, performed, shown, broadcasted, or spread on the Internet without the permission of the copyright owner is not protected by the copyright law. It should be noted that even if these works are not protected by copyright law, the copyright owner can still exercise other rights such as the right of authorization, the right to modify, and the right to protect the integrity of the work.

The scope of works protected by the copyright law

1 answer
2024-09-14 00:33

The scope of works protected by the copyright law includes: 1. literary and artistic works include novels, poems, plays, movies, television, music, fine arts, sculptures, photography, and other artistic forms; 2. Calculation methods and programs include computer software, algorithms, programming arts, etc.; 3. Riddles, puzzles, intellectual games, and humorous works; (4) Other works that should be protected by the copyright law as stipulated by laws and administrative regulations. It should be noted that the copyright law does not protect works that are obviously original, such as news reports, reviews, essays, etc., but only works that are original, such as novels, poems, etc.

copyright law: works produced by the following acts can be protected by copyright law:

1 answer
2024-09-20 05:35

According to the provisions of the third paragraph of article 1 of the "copyright law", the following works are within the scope of protection of the copyright law: (3)The original ideas, works, concepts, principles, and methods in the fields of literature, art, and science included engineering designs, product designs, maps, schematics, models, structures, machines, equipment, product samples, sample designs, computer programs, algorithms, mathematical models, scientific discoveries, research results, academic articles, theses, books, journals, newspapers, magazines, music, audio and video signals, electronic data packages, and so on. Therefore, whether it was online novels or other literary works, as long as they belonged to the original ideas, works, concepts, principles, methods, etc. in the fields of literature, art, and science as stipulated in paragraph 3 of article 1 of the copyright law, they could be protected by the copyright law.

According to the relevant provisions of China's copyright law, only Chinese copyright owners are protected in China, and foreign copyright owners are not protected

1 answer
2024-09-14 18:02

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.

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