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Ownership of Copyright

Time:2014-03-13 Hit:188


Ownership of Copyright


   Generally speaking, the copyright belongs to the author unless otherwise provided by law, the people whose name appears on a work, the "author" means the citizens who create the works, but if the works are created in under the direction of a legal person or organization in accordance with such legal person or organization's will, using the material and technical conditions of the legal person, and the legal person or organization takes the responsibilities therefrom. Therefore, such a legal person or organization shall be regarded as the "author"; otherwise, the copyright shall be enjoyed by the citizen who fulfilled the tasks of the creation. If a work is created under commission, the trustee shall be entitled to the copyright unless it is stipulated in the entrust contract otherwise. The transfer of ownership of the original works of art shall not be considered as a transfer of the copyright, however, the art exhibition rights shall be enjoyed by the original owner.

   For the works of adaptation, translation, annotation compilation, or arrangement which is derived from the original works, the copyright of adaptation, translation, annotation, organize shall be entitled to the adapter, translator, annotator, compiler, or arranger, but such exercise shall not infringe the copyright of the original work. Where the work is created by two or more persons, copyrights of such work shall be jointly owned by all the people, any people may use such work separately, but the author of each part shall not infringe the entire copyright in the collective work. The copyright of films or other cinematography works shall be enjoyed by the producers, screenwriter, director, cameraman, lyricist, composer, shall enjoy the authorship, and get paid in accordance with the contract. But the script, music and other works in a film which can be used alone shall be entitled to their copyright independently.

   After the death of a citizen who enjoyed the copyright of a work, such copyright shall be transferred according to the succession law if such copyright is still valid. Upon the termination of a legal person or other organization, its copyright shall be transferred to the succeeding legal person or other organization, in case there is no succeeding legal person or organization, the copyright shall be transferred to the country if such copyright is still valid.





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