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MindMap Gallery Intellectual Property Law, Complete System of Copyright, Essential for Final Examination
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Intellectual Property Law, Complete System of Copyright, Essential for Final Examination
Combined with MA Engineering textbooks and university classroom teachers’ lectures on food for law exams, this comprehensive summary of copyright content is a must-have for the final exam! Hope this mind map helps you!
Edited at 2024-01-17 23:36:40
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Intellectual Property Law, Complete System of Copyright, Essential for Final Examination
- bacteria
This is a mind map about bacteria, and its main contents include: overview, morphology, types, structure, reproduction, distribution, application, and expansion. The summary is comprehensive and meticulous, suitable as review materials.
- Plant asexual reproduction
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- Outline
Copyright subject, object, and rights content
Copyright
Subject: Author
Chinese nationals: automatic protection principle (automatically enjoy copyright from the date of completion of creation)
Aliens and stateless persons
Country of residence: among the member states (Berne Convention)
Country of publication: First published in a member state (member state of the Berne Convention)
Published within 30 days in member countries
The unit is regarded as the author (intended producer): unit hosting, unit will, unit responsibility (different from job works: the copyright of job works belongs to the individual, and only belongs to the unit under special circumstances)
Collective protection organization: Music Association
object
Works: Exclude sports activities (competitive nature such as figure skating)
Concept: In the field of literature and art, an intellectual achievement that is original and can be expressed in a certain form
feature
Originality (independent creation, emphasizing the protection of the unique expression of the work, but not the protection of ideas); Reproducibility (violent movies, books, periodicals, etc. are still works despite restrictions under national laws)
Works not protected by copyright law: content that violates laws and regulations, has copyright, and has no protection
Violation of general legal principles
Violates social morality and social ethics (homosexuality)
Endangering public order (teaching criminal methods)
Copyright law does not apply
Official official documents (to promote dissemination)
Current affairs news (different from in-depth news, pursuing facts and speed)
Calendar, general number table, general form, public notice
Specific classification
written works
Oral compositions (oral, improvised)
Music, drama, folk arts, dance, acrobatic art works (different from performance activities)
Musical works: two-dimensional (works that can be sung or played, such as music scores)
Dance work: two-dimensional (e.g. choreographed script)
Dramatic Works: Performances that are Different from Dramatic Works: Two-Dimensional/Three-Dimensional
Folk art works: script
Acrobatic works: Acrobatic magic circus
artwork
Definition: Painting, calligraphy, sculpture, plane or three-dimensional (such as Lego blocks)
Ownership of rights: The original exhibition rights belong to the owner, others belong to the author
architectural works
1. Architecture 2. Works with aesthetic significance (such as general landmarks)
Photographic works (definition: recording objective images)
audiovisual works
Film, television and other audiovisual works (such as video game screens)
Graphics (such as maps, schematics), model works (showing the role of experimental observations, such as human models)
Computer software works (such as APP)
Folk literature and art works
feature
The subject of rights cannot be specified (architectural style, folk songs, etc.)
The term of protection, protection methods, content of rights, and exercise of rights are different from ordinary works.
Collective creation, regionality, continuity
Focus of controversy and conservation trends
Set the authority subject
Expand the scope of protection
Protect the interests of disseminators, collectors and organizers
Special provisions of the law (attribution of rights)
Commissioned works: The client can use the work for free within a specific range (eg photo studio, art gallery)
Rights ownership
The ownership of rights is determined according to the entrustment contract. The default trustee is not determined, but the entruster can use the work free of charge within the scope of specific purposes.
The right of signature belongs to the trustee
Collaborative works: Participate in creation (give wisdom)
Components: Co-creation intention; co-creation behavior; shared responsibility; assistance based on wisdom (excluding general auxiliary behaviors such as providing consultation opinions)
Rights ownership
Indivisible work, exercised by consensus
If negotiation fails, one party cannot prevent the independent exercise of rights without justifiable reasons (excluding: transfer, exclusive license use, and pledge of rights)
Equal conditions, priority for collaborators
Works that can be divided and used can enjoy copyright separately, but the copyright of the entire work will not be damaged (eg. lyrics and music of musical works)
interpretive works
Characteristics: Derived from the original work; created through creative work (translation, annotation, arrangement, adaptation)
Ownership of rights: The author of the interpretation enjoys it, but it must not infringe the copyright of the original author; dual copyright dual license (author of the original work, author of the derived work)
Requirements: The interpretation must be faithful to the original point of view; the original work’s name must be tagged; and must be approved by the original work.
Compiled works: formal integration; a certain degree of originality (selection and arrangement of materials); dual copyright and dual license (if the fragments of the compilation are works not protected by copyright, there is only one license)
Original work to which title is transferred
It is not regarded as a transfer of copyright. It is deemed that the exhibition right is enjoyed by the owner of the original, and other copyrights belong to the author (right of reproduction and transfer).
audiovisual works
Movies and TV shows
The copyright belongs to the producer (the investment film company eg Huayi Company, not the producer)
Screenwriters, directors, photographers, lyrics, and composers have the right to sign and can receive remuneration.
Other audio-visual works (e.g. short videos): The copyright belongs to the producer if there is an agreement, but if there is no agreement, the copyright belongs to the producer, but the corresponding author has the right to authorize and receive remuneration; the author of works where the script and music can be used alone has the right to exercise his copyright alone (eg. Interludes can still be licensed to stars for use in concerts)
artwork
Different rights on the original
Changes in rights during the transfer of originals (same as photographic works)
The right to display the original is transferred (in essence, the right to publish is also transferred and made public)
The copyright and other rights are not transferred (note: only the exhibition rights of the originals are transferred, not the copies)
Professional work
Rights ownership
General job works
Components: Labor relationship, the purpose is job duties, and it is used within the scope of business
The copyright belongs to the actual author, and the organization has priority to use it.
Without the consent of the unit within two years, the author shall not allow a third party to use the work in the same manner as the unit (two years from the date the work is delivered to the unit)
Special job works
Components: task standards; material conditions standards; legal provisions or agreements
Authors of professional works only enjoy the right of authorship, and other rights (reproduction, distribution, adaptation and compilation) are enjoyed by the unit ()
Four pictures in one: engineering schematic diagram, product design drawing, map schematic diagram, computer software
Three agencies and two stations: job works of media staff
Report speech: the speaker has the copyright; autobiographical works: the specific person has the right; biography: the writer has the right
obtain
obtain
Automatically obtained (our country adopts voluntary registration, but only preliminary evidence is used)
Exception: "Computer works need to be fixed to some tangible object
Others: Obtained by adding mark (ISBN); Obtained by registration
Rights content
Moral rights (moral rights)
content
Right of publication (publicity)
Features
It can only be exercised actively once, and it can be exercised passively (passive, such as movie screening) multiple times.
It has the dual attributes of personal rights and property rights
The owner of the right of publication cannot prohibit the owner of the property right from legitimately exercising his property rights (the film is released before the work is published)
define
The public intention, public behavior, and target are to be known to unspecified people (eg. the target of the school radio station is specific teachers and students)
Considered consent for publication (allowing others to use)
Author's permission for public use of unpublished work
The author transfers the original copy of his or her unpublished artwork to another person
Exercise subject
The author himself
someone other than the author
Unidentified - the legal holder of the original work
Not published during his lifetime. Not expressly stated not to be published - (within 50 years of death) - exercised by heirs - legal owner of the original
Right to publish cinematographic works and works created by similar methods of filmmaking - producer
Copyrighted works of legal persons or other organizations - exercised by the unit
Commissioned works - stipulated to belong to the consignor, but not stipulated to belong to the trustee
Difference: compared with general personal rights
Cause of production: Enjoy the work as soon as it is produced; enjoy it as soon as you are born.
The essence of rights: moral rights; freedom
Duration of protection: The right to publish has a time limit, others have no time limit; until the end of life
Right of signature (identification)
Features
It can be exercised actively or passively (not signing is also a right)
Important presumption effect, important basis for determining the author
Personal exclusivity is the strongest and is only enjoyed by the author himself.
Exercised in good faith and shall not be counterfeited
exercise
Whether to sign their works
Decide how to sign (real name, stage name, etc.)
It is forbidden for people who did not participate in the creation to sign their works.
Difference: The right to indicate authorship: the right of authorship is one of the ways, other ways include announcements, advertisements, movies, etc.
Right of modification (modification of the work)
Definition: Substantial change (punctuation is not counted)
exercise
Modify by yourself and authorize others to modify
It is prohibited for others to make modifications without permission (except that newspapers and publications may modify words without the author's consent)
Do not damage the legitimate rights and interests of others (collaborative works, modification of compilation works)
limit
Transfer of ownership of the original - modifications require their consent
Modifications of architectural works - repairs by owners or managers cannot be prohibited
Modification of a work that has been copied—compensation for losses suffered by authorized copyers
Permission to make films and similar works from the work - deemed to be consent to necessary modifications
Right to integrity (free from distortion or tampering)
Definition: Works are free from distortion or tampering
Distortion: changing the content of facts
Tampering: means of forgery
Effect: The content is changed against the author's will (regardless of whether the effect is good or bad)
form
Creating a follow-up without permission
Arrange the order of the parts without authorization
Change unique title
inappropriate cover
Use serious work in a context of lowbrow and fun
limit
Necessary changes in teaching
Building renovation and reconstruction needs
Necessary changes for legitimate owners of copies of computer software (eg. changes to download paths)
The connection between the right of integrity and the right of modification: The right of modification is a positive aspect that encourages the author to strive for excellence; the right of integrity is a negative aspect that prohibits others from maliciously derogating others.
property
Reproduction rights: Types: plane to plane, three-dimensional to three-dimensional, three-dimensional to plane, two-dimensional to three-dimensional, mechanical reproduction, digitalization (turning musical works into electronic ringtones)
right of communication
distribution rights
Features: The method is sale and donation, the scope is to the unspecified public, and the content provided includes copies of the original works.
Publishing and Distribution Contact
Publishing means copying and distributing works (piracy infringes the right of reproduction and distribution)
Elements
The author agrees to copy and disclose
Copies up to a certain amount (to meet reasonable public needs)
Exhaustion of distribution rights and parallel imports
After the first sale, the rights are transferred from the seller to the buyer, and the original copyright holder loses subsequent control over the work.
right to lease
Features
Specific objects, limited to film works and works created with similar filmmaking methods (audiovisual works), computer software (that is, film and television companies and software developers have the right to rent)
If the computer software is not the main subject of the lease, the software copyright owner does not have the right to lease it.
exhibition rights
Definition: Public display of originals or copies of art works and photography works
Features: Disclosure to unspecified persons, public display, a way of publishing works, exhibition objects can be originals or copies, limited to fine arts and photographic works, the copyright holder has the right to exhibition, restrictions on exercise (the right to display the original work is limited to the original owner other than the copyright holder)
Performance rights (live and mechanical performances)
Features
Performers who use other people's works should obtain permission from the copyright owner
A public performance rather than an internal performance for a specific person
Non-commercial performances may be performed without permission or compensation provided the author is credited and fair use is permitted
No free performance of unpublished works is allowed
Performance rights are not equal to performers’ rights (copyright property rights eighboring rights)
Screening rights: Characteristics: limited to specific types of works (art, photography, films, works created with similar filmmaking methods)
Broadcasting rights: Characteristics: A copyright property right that is disseminated to unspecified objects and is different from the neighboring rights of broadcasting organizations.
Information network dissemination right
Features
Subject: Authors, performers, audio and video producers, radio stations and television stations disseminate through the Internet, and can receive remuneration for this
Difference from broadcasting rights: individual freedom to choose time and place
Purchase the premiere of a TV series
Right of interpretation
Filming rights
Features: Mechanical recording does not belong to filming (monitoring). It must be the first time to set up a movie or similar method to fix the work on the carrier (excluding remakes) eg. making a movie
Adaptation rights
Features: Based on the original, with novel ideas, such as scripts, comic adaptations, and fan fiction
Translation rights
Exception: Developing countries may, under certain conditions, have compulsory government licenses for translation without the consent of the copyright holder.
Right of compilation: selection or arrangement of fragments of works to reflect originality
Transfer, pledge and license rights
Object: Moral rights can only be exercised by the author himself, while property rights can be exercised by others.
transfer
The same rights are transferred in different regions; different rights are transferred in the same region
Assignment of unpublished works - represents an assignment of the right to publish (except that moral rights are not assigned)
Differences from permission: in terms of ownership; in terms of constraints (the ownership of the transfer is greater and the constraints on the transferee are smaller)
Licensed use
Main points
does not result in the transfer of copyright
The licensee uses the work in the agreed manner, time, region, and period
If the license is ambiguous, it will be considered unauthorized.
Upon expiration of the term, the copyright returns to the copyright owner.
Way
Exclusive license use (exclusive license): excluding everyone including the rights holder himself, exclusive use only by the licensee
Non-exclusive license to use (Non-exclusive license)
Exclusive license: excluding third parties, both the obligee and the licensee enjoy the rights, and the right of action is joint action or the obligee first (not active) and then the licensee
Ordinary licensed use: The right holder can license multiple people to use the same thing, and only the right holder has the right to sue.
book publishing contract
Publishers who reprint or republish a work should notify the copyright owner and pay remuneration
After the book is out of stock, the publisher refuses to reprint or republish it—the copyright owner has the right to terminate the contract
Publisher has exclusive publishing rights
pledge
Definition: The property rights serve as security for claims
Features
If there are more than two copyright holders, the pledge shall be for all authors
Disputes over copyright ownership cannot be used as pledge targets
Pledge requires a written contract, which is valid and registered against a bona fide third party.
Other rights that should be enjoyed by the copyright owner: property rights only
Rights protection
Reasons for limiting the copyright protection period: 1. Incentive theory, stimulating innovation 2. Personality extension theory, profits from copyrighted works affect two generations
Scope of application: right of publication in personal rights and property rights (no time limit for signature, modification, and adaptation)
Copyright protection period calculation method
Counting from death to publication
Termination time: December 31, 50th year after the author’s death
Total time: life, 50 years after death
Duration of protection of moral rights
(Right of publication is the same as property right) The author’s right of signature, right of modification, and right to protect the integrity of the work are unlimited in duration.
Publication right protection period
The author's life and fifty years after his death
specific works
Unpublished works during his lifetime—inherited and exercised by legatees (not expressly stated not to be published)
Professional works, film and television works, and photographic works with rights owned by legal persons or other organizations—50 years after publication
If legal persons or other organizations have rights to professional, film and television, and photographic works that have not been published within 50 years - the right to publish will be lost.
Property rights protection period
works of natural persons
Personal works: the author’s lifetime and December 31, 50 years after his death
Collaborative work: December 31, 50 years after the death of the last author
Works for legal persons or other organizations
Within 50 years from publication
Not published for 50 years after the creation is completed - no longer protected
Film and television works, photography works: same as other works, but actually exceed the minimum standards of international treaties
Works by unknown author
December 31, 50th year after first publication
Once the identity is confirmed - it will be converted into an ordinary work protection period (50 years after death)
protection rights restrictions
Reason: Promote knowledge sharing and balance public interests
Principles: fairness, legality, partial restrictions (personal parts cannot be restricted)
Way
fair use
Definition: Legally stipulated, can be used without permission and free of charge
Amount and measure used
Use must not lower the social value of the work
Must not affect the economic value of previous works
condition
The objects are published works, non-commercial use, compliance with legal regulations, and respect for the author's rights (whether it constitutes a sales substitution)
way (free on both ends)
Personal study, research, appreciation
Introduce and comment on a certain work, explain a certain issue and quote other people's works (the citation should be appropriate)
Reporting current affairs news in the media and inevitably quoting and reproducing other people’s works
Publish in the media current articles on political, economic and religious issues published (reprinted) by other media (except where the author declares that they are not allowed to be published or broadcast)
The media publishes or broadcasts speeches delivered at public gatherings (eg Prime Minister delivering a report)
1. For school classroom teaching or scientific research. 2. Can be copied in small quantities. 3. Cannot be published or distributed. 4. Only for teachers and cannot be distributed to students.
State agencies use published works within a reasonable scope for the purpose of performing official duties (eg. excerpts from other works in college entrance examination questions)
Libraries, archives, memorial halls, museums, and art galleries (for public welfare) reproduce the works of the library for display or preservation purposes
Non-commercial performances (no money, no money, not for profit) such as disaster relief performances do not count because the audience spent money
Copying, painting, photography, and video recording of art works in outdoor public places (only for viewing from a distance and not for playing, and will not affect economic interests)
Published works have been translated into minority languages or Braille, large characters, audio versions (disadvantaged, blind people), etc. (American works translated into Tibetan ×)
statutory permission
Definition: legal provisions, without permission, payment of remuneration
Characteristics: Promote dissemination, published works, can be excluded by prior declaration, must not infringe the rights of the copyright holder, and pay legal remuneration
Used with permission
Source of rights: Legal authorization\Author authorization
Applicable works: The scope of licensed use is wider, including unpublished works
Way
Compilation and publication of textbooks for the implementation of compulsory education and planning (education of the public)
Published works in newspapers and periodicals (reprinted) eg. readers’ stories collection, etc., excluding websites
Making sound recordings using the music of other people's sound recordings, that is, music re-recording (remake, cover; buy BGM)
Radio stations and television stations broadcast other people’s published works and published sound recordings (radio and television privileges, except for movies)
compulsory license
Definition: For a published work, negotiations on the condition of reasonable royalties have failed, and the user takes the initiative to apply.
Features: The method is translation and copying, the user must pay remuneration stipulated by law, and the user shall not infringe the rights of the copyright owner.
Difference from legal permission
Basis: license certificate; laws and regulations
Procedure: Negotiation upon application; no application required
objects and methods
Remedies: Administrative litigation; civil litigation for infringement
Purpose: To prevent right holders from unreasonable use of copyright; to promote mass communication
Computer software copyright restrictions
No statutory license or compulsory license is provided, and the scope of reasonable use is narrowed
fair use
Learn and research software design principles and use the software (without permission and without payment of compensation)
Classroom teaching, scientific research, state agencies performing official duties and other non-commercial purposes (without permission and without payment of remuneration)
Rights of owners of legal copies of software
Load the computer
Make a backup copy
modified for application
Neighboring rights (rights of communication)
Performer’s Rights*** (corresponding to the author’s performance rights)
Definition of performer
In a narrow sense, it refers to a person or unit that performs literary and artistic works (performing music, scripts, etc.)
Non-performers: focus on creation (eg. performance art)
Performers’ rights and obligations
personal rights
The right to identify the performer (similar to the right of authorship)
The right to protect the performance image against misrepresentation (similar to the right of integrity, the right of image and the image of the performing character)
Property rights (live recording network recurrence rental)
Live recording network recurrence and rental: live broadcast rights (public transmission of live broadcasts), audio and video rights, audio and video product reproduction rights (reproduction and distribution of products with recorded performances), information network dissemination rights (conditions: with the permission of the copyright owner and payment of remuneration )
Job performance: performance by EG Opera Group Rights Ownership Organization
Performers have personal rights (to identify themselves and not be distorted)
Unit companies enjoy other property rights
If the rights to job performances are enjoyed by an individual actor, they are agreed to be personal, and the performance unit can use the performance free of charge within the scope of business.
Rights protection: There is no protection period limit for moral rights, and the protection period for property rights is 50 years after the performance.
obligation
Use the work for performance, with permission from the copyright holder and payment of remuneration (performer's rights of the author)
Use of derivative works: with the permission of the copyright holders of the derivative work and the original work and payment of remuneration (double copyright dual remuneration)
Recorder's right
Definition: The right to license others to copy, distribute and receive remuneration for the original audio and video recordings produced (difference from audio-visual works: creative nature)
Subject: Audio and video producer: first-time producer of audio and video products (audiovisual products that are different from movies: different creative types)
right
The act of obtaining permission and paying remuneration: (Internet recurring rental): Permitting others to copy, distribute, rent, and disseminate to the public through information networks and receiving remuneration (there is no right to broadcast video products, because the above four behaviors will divert the rights of the recorder)
Right to obtain funding (statutory permission): use of sound recordings for broadcast and as live background music (mechanical performances) without consent, payment of remuneration
Rights protection: 50 years after first production
Obligations: Obtain permission and pay remuneration
With permission and remuneration from the original copyright holder
With the permission of the copyright holder of the derivative work and payment of remuneration
With the consent of the performer and payment of remuneration (allowing others to record and video record)
Radio and television organization rights
feature
Special subject: corresponding license required
Object limitations: Radio stations cannot play videos
Relevance to copyright and other copyright rights
Rights: (Online duplication and rebroadcasting) Broadcasting rights are rebroadcasting, recording and copying rights, disseminated to the public through information networks (the act of diverting TV station ratings)
Rights protection: The protection period is 50 years after the first broadcast
obligation
Respect copyright
To play unpublished works, you need to obtain permission from the copyright holder and pay remuneration.
Remuneration is required for playing published works (statutory permission)
respect other neighboring rights
Playing of published phonograms does not require consent and remuneration must be paid to the producer of the sound recording (the producer of the sound recording obtains financing rights)
To play published film and television works and video products, permission from the producer (producer) must be obtained and remuneration must be paid (to prevent TV stations from impacting theaters)