Copyright is divided into personal rights and property rights of works. Among them, the connotation of the personality right of a work includes the right of public publication, the right of name and the right to prohibit others from using the work to damage the author's reputation by distorting or tampering. The property right of a work is an intangible property right based on human knowledge, so it belongs to a kind of intellectual property right, including the right of reproduction, public dictation, public broadcasting, public exhibition, public performance, public communication, public display, adaptation, distribution and rental. Copyright should protect the expression of ideas, not the ideas themselves. While protecting the interests of private property rights, we must take into account the accumulation of civilization and the dissemination of knowledge. Algorithms, mathematical methods, technology or machine design are not the objects of copyright protection.
1. When was the copyright of China obtained?
The time to obtain copyright in China is the time to complete the creation of works.
Copyright is a kind of right with a time limit, but because of the different nature of the interests to be protected by the personal rights of works and the property rights of works, their time limits are also different.
The relationship between the author and the work with personal interests reflects an objective fact. As long as the work exists for one day, the fact that the author is born with the work will not change. Maintaining and safeguarding the personal interests between the author and his works reflects his loyalty to history and his responsibility to the world, which will not change with the changes of the times. Therefore, the exclusive rights of some contents in the personal rights of works should be permanently protected. For example, Historical Records will keep Sima Qian's famous author for another 10,000 years. Article 20 of China's Copyright Law stipulates that the protection period of the author's right of signature, modification and protection of the integrity of the work is unlimited, which embodies this truth.
2. What are the ways to obtain copyright in China?
In the historical development of copyright system, copyright acquisition system can be summarized into two types: registration acquisition and automatic acquisition.
1, registration system. Registration acquisition, also known as registration acquisition, refers to the principle that registration is the condition for obtaining copyright, and copyright can only be produced after registration, also known as "form".
2. Automatic acquisition system. Automatic acquisition of copyright means that when a work is created, the author automatically acquires the copyright of the work because of the creation, without going through other procedures. This method of obtaining copyright is called "irregularity" and "automatic protectionism".
Legal basis: Copyright Law of People's Republic of China (PRC).
Article 2 Works of China citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.
Article 6 Copyright shall come into being as of the date when the creation of a work is completed.