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 and connections between domestic copyright owners and foreign copyright owners are mainly reflected in the following aspects: 1. The nationality of the copyright subject is different: the nationality of the copyright subject in China is China while the nationality of the copyright subject in foreign countries is foreign. This meant that the copyright of authors in China belonged to China, while the copyright of foreign authors belonged to the government or copyright collective management organization of that country. 2. The ownership of copyright is different: Chinese law provides that the copyright is enjoyed by the author himself, while foreign law provides that the copyright is enjoyed by the creator of the work. That is, the author enjoys the copyright but the copyright of the work can be shared by the co-owners. The term of protection of copyrights is different: the term of protection of Chinese copyrights is 20 years, while the term of protection of foreign copyrights is longer, usually 50 years or more. The main qualifications of copyright are different: Chinese law states that only individuals or organizations with certain conditions can be granted copyright, while foreign laws state that anyone can be granted copyright. Although there are differences between Chinese and foreign copyright owners, the relationship between copyright owners is very close. In China, the relationship between copyright owners is usually managed and coordinated by copyright collective management organizations. In addition, copyright owners could also cooperate to create and share intellectual property.
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.
To apply for copyright protection, the following conditions must be met: 1. Originality: The work must have a unique creativity and idea that is independent of other works and can be regarded as an independent work. 2. Be recognizable: The work must be recognizable and distinguishable from other works. 3. Novelty: The work must be novel and not identical or similar to any known work or similar work. The copyright registration has the following benefits for the copyright owner: Protection of rights and interests: copyright registration can prove that the copyright owner has copyright in the work, which is convenient for rights protection in the event of copyright violation. 2. Evidence: The copyright registration can provide evidence to prove the creation date of the work, the author's identity and other information to reduce the occurrence of copyright violation. 3. tax preferences: copyright registration can enjoy the state's tax preferences, which has a certain economic support effect for the copyright owner of the literary works. 4. Easy to manage: copyright registration can facilitate the management of the creation, use, adaptation, translation and other uses of the work to improve the management efficiency of the copyright owner. The copyright registration is an effective way to protect the rights and interests of the copyright owner.
Foreign literature, movies, and music works enjoyed copyright protection in China. According to the "copyright law of the People's Republic of China"(the "copyright law"), works enjoy copyright protection from the day they are created. The author enjoys the right of authorization, the right of publication, the right of translation, the right of adaptation, the right of compilation, and the right to protect the integrity of the work. For foreign literature, film, and music works, they can also enjoy copyright protection in China according to the relevant provisions of the copyright law. For example, the copyright law clearly stipulated that foreign literary, film, and musical works could be copied, distributed, performed, shown, broadcasted, adapted, translated, and compiled within China, as long as these acts did not violate the legitimate rights and interests of Chinese copyright owners.
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.
A lesson plan does not fall under the protection of copyright law because it is just a teaching plan or a teaching outline describing the purpose of teaching, teaching content, teaching methods, teaching steps, etc. It does not contain any original literary or musical works. Teaching plans were usually made by teachers themselves to guide their own teaching behavior, so they were not original works protected by copyright law. However, if the teaching plan contained original teaching methods, teaching strategies, teaching cases, etc., it might be recognized as a kind of intellectual achievement protected by copyright law and could be protected by copyright law. It should be noted that the copyright protection of teaching plans usually needs to meet certain conditions, such as the original teaching methods, teaching strategies, teaching cases, etc., and must have been publicly published.
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.
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 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.
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.