著作权归属
著作权属于作者,本法另有规定的除外。
创作作品的公民是作者。
由法人或者其他组织主持,代表法人或者其他组织意志创作,并由法人或者其他组织承担责任的作品,法人或者其他组织视为作者。
如无相反证明,在作品上署名的公民、法人或者其他组织为作者。
改编、翻译、注释、整理已有作品而产生的作品,其著作权由改编、翻译、注释、整理人享有,但行使著作权时不得侵犯原作品的著作权。
两人以上合作创作的作品,著作权由合作作者共同享有。没有参加创作的人,不能成为合作作者。
合作作品可以分割使用的,作者对各自创作的部分可以单独享有著作权,但行使著作权时不得侵犯合作作品整体的著作权。
汇编若干作品、作品的片段或者不构成作品的数据或者其他材料,对其内容的选择或者编排体现独创性的作品,为汇编作品,其著作权由汇编人享有,但行使著作权时,不得侵犯原作品的著作权。
电影作品和以类似摄制电影的方法创作的作品的著作权由制片者享有,但编剧、导演、摄影、作词、作曲等作者享有署名权,并有权按照与制片者签订的合同获得报酬。
电影作品和以类似摄制电影的方法创作的作品中的剧本、音乐等可以单独使用的作品的作者有权单独行使其著作权。
公民为完成法人或者其他组织工作任务所创作的作品是职务作品,除本条第二款的规定以外,著作权由作者享有,但法人或者其他组织有权在其业务范围内优先使用。作品完成两年内,未经单位同意,作者不得许可第三人以与单位使用的相同方式使用该作品。
有下列情形之一的职务作品,作者享有署名权,著作权的其他权利由法人或者其他组织享有,法人或者其他组织可以给予作者奖励:
(一)主要是利用法人或者其他组织的物质技术条件创作,并由法人或者其他组织承担责任的工程设计图、产品设计图、地图、计算机软件等职务作品;
(二)法律、行政法规规定或者合同约定著作权由法人或者其他组织享有的职务作品。
受委托创作的作品,著作权的归属由委托人和受托人通过合同约定。合同未作明确约定或者没有订立合同的,著作权属于受托人。
美术等作品原件所有权的转移,不视为作品著作权的转移,但美术作品原件的展览权由原件所有人享有。
著作权属于公民的,公民死亡后,其本法第十条第一款第(五)项至第(十七)项规定的权利在本法规定的保护期内,依照继承法的规定转移。
著作权属于法人或者其他组织的,法人或者其他组织变更、终止后,其本法第十条第一款第(五)项至第(十七)项规定的权利在本法规定的保护期内,由承受其权利义务的法人或者其他组织享有;没有承受其权利义务的法人或者其他组织的,由国家享有。 |
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OWNERSHIP OF
COPYRIGHT
Copyright
shall vest in
the author,
unless this Law
provided
otherwise.
In relation to
a work, the
citizen who
creates it shall
be the author.
In relation to
a work which is
created under
the sponsorship,
and according to
the will, of a
legal person or
any other
organization,
and for which
the said person
or organization
has the
responsibility,
the said person
or organization
shall be
regarded as the
author.
If no proof to
the contrary is
available, the
citizen, legal
person or other
organization
whose name
appears on a
work shall be
the author.
Copyright in a
work derived
from adaptation,
translation,
annotation or
arrangement of a
preexistent work
shall vest in
the adapter,
translator,
annotator or
arranger, the
exercise of
which, however,
may not infringe
the copyright in
the preexistent
work.
Copyright in a
work created by
the
collaboration of
two or more
persons shall
vest in the
joint authors.
Any person who
has not
participated in
the creation may
not be
identified as a
joint author.
If a
collective work
can be separated
for use, each
joint author may
independently
enjoy copyright
in his
contribution,
the exercise of
his copyright,
however, may not
infringe the
entire copyright
in the
collective work.
Works derived
from compilation
of some
preexistent
works or parts,
data which do
not constitute
the works or
other materials
of the
preexistent
works, if they
are of
originality in
respect of
selection and
arrangement of
their contents,
shall be
regarded as
works produced
from
compilation.
Copyright in
such a work
shall vest in
the compiler,
the exercise of
which, however,
may not infringe
the copyright in
the preexistent
work.
Copyright in a
cinematographic
work or a work
created by
virtue of the
analogous method
of film
production shall
vest in the
producer.
However, authors
such as
screenwriter,
director,
photographer,
song-words
writer and
composer shall
enjoy the right
of authorship
and the right to
get compensation
according to the
contracts they
signed with the
producer.
The author of
a work that can
be used
independently
such as
screenplay or
music included
in a
cinematographic
work or a work
created by
virtue of the
analogous method
of film
production shall
enjoy the right
to exercise
copyright in his
contribution
independently.
Works created
by citizens for
fulfilling tasks
of legal persons
or other
organizations
shall be
regarded as
works produced
in course of
employment.
Copyright in
such a work
shall vest in
the author,
except as
provided by
paragraph 2 of
this Article.
However, the
legal person or
other
organization
shall enjoy the
right of
priority to use
the said work
within its
business scope.
Within two years
after the work
was created, the
author may not,
without consent
of the unit,
license a third
party to use the
said work in the
same manner as
the unit does.
If a work
produced in
course of
employment is
under one of the
following
circumstances,
the author shall
enjoy the right
of authorship,
and the legal
person or other
organization
shall enjoy
other rights
included in the
copyright and
may reward the
author:
1. A work such
as diagram of
project design,
drawing of
product design,
map or computer
software, which
is produced in
course of
employment
mainly by using
the material and
technical
resources of the
legal person or
other
organization and
for which the
legal person or
other
organization has
the
responsibility;
or
2. A work
produced in
course of
employment in
which copyright
shall vest in
the legal person
or other
organization
according to the
provisions of
laws and
administrative
regulations or
the contract.
If a work is
created under
commission, the
ownership of
copyright in it
shall be
stipulated by
the
commissioning
and commissioned
parties. When
there is no such
stipulation in
the contract or
no contract is
signed,
copyright shall
vest in the
commissioned
party.
The transfer
of the ownership
of such an
original work as
painting shall
not be regarded
as the transfer
of copyright in
it. However, the
right of
exhibition of
the original of
a painting work
shall vest in
the owner of the
original.
If a copyright
shall vest in a
citizen and the
said citizen
dies, his rights
conferred by
subparagraphs
5-17 of
paragraph 1 of
Article 10 of
this Law shall
be transferred
according to the
provisions of
the Succession
Law within the
term of
protection set
out by this Law.
If a copyright
shall vest in a
legal person or
any other
organization and
the said person
or organization
changes or
terminates, its
rights conferred
by subparagraphs
5-17 of
paragraph 1 of
Article 10 of
this Law shall
vest in the
succeeding legal
person or other
organization
that takes over
its rights and
obligations
within the term
of protection
set out by this
Law or in the
State in case
there is no such
a succeeding
legal person or
other
organization. |