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The Copyright of Intellectual Property Rights in China

SOURCE:DOINGBUSINESSINCHINA.ORG   TIME:2016-04-06

 


The Copyright of Intellectual Property Rights in China

Copyright is that an original author of literature, art, science and technology enjoy a kind of civil rights in accordance with the law. In China, copyright is used in a broad sense, including (narrow sense) copyright, copyright neighboring right, computer software copyright and so on, which belongs to the scope of copyright law.
This is the exclusive using of the copyright owner of the exclusive right to enjoy. In the narrow sense, it is divided into the right of publication, the right of authorship, the right of revision, the full right of copyright protection, the right of using and the right of remuneration (copyright law tenth).
The copyright is divided into the personal right and the property right of the copyright. Copyright and patent right, trademark right sometimes have a overlapping, which is a feature of intellectual property rights.

Primary coverage

Ⅰ. Copyright works from the date of completion of the works.
Ⅱ. Mainly divided into personality rights and property rights. The connotation of the personality right of the copyright includes the right of publicity, the right of name representation, and the right of prohibiting others from using the copyright to damage the reputation of the copyright.
Ⅲ.There are several rights.

1. The right of publication, which decides whether the work reveal to the public.
2. The right of authorship, the right of indicating the identity of the author and signing on the work.
3. The right of modifying, that is, the right of modifying or authorizing another person to modify the work.
4. The right of protecting the integrity of the work, that is, the right of protecting the works from being distorted or tampered with.
5. Replication in the printing, the rights of photocopying, rubbing, sound recording, video recording, duplicating, remake, will work to make one or more.
6. The right of distribution, which provide the originals or copies of works to the public by selling or donating rights.
7. The right of rent, that is, the right of the computer software to be used for the temporary use of the film and the method of making the film, and the computer software is not the main object of the lease.

8. The right of exhibition, the public display of art works, photographs or reproductions of the original right.
9. The right of performing, that is, the right of performing works of public performance, as well as to publicly broadcast works by means of various ways.
10. The right of projection, the projector, slide projector and other technical equipment as the public presentation of art, photography, film and the rights of works created by a process analogous to cinematography.
11. Broadcasting rights, that is, the wireless public broadcast or disseminate works, wired communication or broadcast to the public a broadcast works, as well as through loudspeakers or other symbol transmission, sound, image of similar tools to the works of public broadcasting rights.
12. The right of information network dissemination, which is to provide works to the public in a wired or wireless manner, so that the public can obtain the right to work at the time and place of the individual selected.
13. The right of production, that is, the right of being fixed on the carrier by the method of making a film or in a similar way.
14. The right of adaptation, that is, to change the work, to create a new work of originality.
15. The right of translating a work from one language to another.
16. The right of compilation, the upcoming work or the work of the fragments by selection or arrangement, the right of exchanging the integration of new works.
17. Other rights enjoyed by the copyright owner.

The protection of copyright is the expression of ideas in the form, and not protect the idea itself, because security works property such exclusive private property rights interests at the same time, so must take into account the accumulation of human civilization and knowledge and information dissemination, and thus the algorithm and mathematical methods, technology or machine design do not belong to the object that copyright protecting.



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