1. What does the personal right in copyright not include?
The rights of reproduction, distribution, lease, exhibition, performance, projection, broadcasting, information network dissemination, shooting, adaptation, translation and assembly are not the personal rights of works, and the personal rights in copyright include the rights of publication, signature, modification and protection of the integrity of works. The right to publish, that is, the right to decide whether a work is made public; The right of signature, that is, the right to show the identity of the author and sign his name on the work; The right to modify, that is, the right to modify or authorize others to modify works; The right to protect the integrity of a work means the right to protect the work from distortion and tampering.
In the legal disputes of copyright, it mainly involves the right of reproduction, distribution and information network dissemination. The right of reproduction refers to the right to copy a work from one to many through printing and recording, including plane to plane, plane to three-dimensional, and three-dimensional to plane. The key to judge whether the right of reproduction is infringed is whether the aesthetic feeling of the original is reproduced.
The right of distribution is the right to provide the original or copy of a work to the public by transferring ownership, and the right of distribution is exhausted at one time. The right of information network communication is the right to disseminate works by wired or wireless means, so that the public can make a profit at the time or place of their choice, that is, the right to request broadcasting. The characteristics of information network communication right are controllability and interactivity.
Second, can the personal rights in copyright be transferred?
No, copyright is divided into personal rights and property rights.
Personal rights can only be enjoyed by the author (that is, the natural person who created the work) himself, and in principle, it cannot be transferred, licensed or inherited. The personal rights of the current copyright law include:
(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;
Property right refers to the right to obtain property benefits through works. Compared with personal rights, it can be transferred, licensed and inherited.
The rights of reproduction, performance and projection do not belong to the personal rights of the work, and the copyright can be partially transferred. The object of transfer is the property right of the work. The personal right of a work cannot be transferred and belongs to the copyright owner. The transfer of copyright requires signing a copyright transfer contract. After the transfer contract has corresponding legal effect, the transfer of the property right of the work is completed.