What does the property right of the work include? What do they mean?

(1) right to use

The right to use refers to the right to use a work by means of reproduction, distribution, lease, exhibition, projection, broadcasting, network communication, shooting, adaptation, translation and assembly.

1. The right of reproduction refers to the right to make one or more copies of a work by means of printing, copying, rubbing, audio recording, video recording, copying and remaking.

2. The right of distribution, that is, the right to provide the original or copy of a work to the public by way of sale or gift.

3. The right to rent, that is, the right to authorize others to temporarily use film works, works created by methods similar to filming, and the right to use computer software for compensation, except that computer software is not the main object of rent.

4. The right of exhibition means the right to publicly display the originals or duplicates of artistic works and photographic works.

5. The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways.

6. The right to show, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment.

7. The right to broadcast, that is, the right to broadcast or disseminate works in public by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images.

8. The right of information network communication refers to the right to provide works to the public by wired or wireless means, so that the public can obtain works at their scheduled time and place.

9. The right to film, that is, the right to fix the work on the carrier by filming or similar methods.

10. The right of adaptation refers to the right to immediately modify a work and create a new original work.

1 1. Translation right, that is, the right to convert a work from one language to another.

12. The right to assemble refers to the right to assemble a work or a piece of work into a new work through selection or arrangement.

13. Other rights to use works that should be enjoyed by the copyright owner.

(2) the right to use the license

The right to use license refers to the right of the copyright owner to license others to use the work according to law and get paid. A licensing contract shall be concluded with the copyright owner for the use of other people's works, unless it is legally permitted.

1. Type of license right;

2. The right to use the license is exclusive or non-exclusive;

3. The geographical scope and duration of the license;

4. Salary standards and methods;

5. Liability for breach of contract;

6. Other contents agreed by both parties.

Without the consent of the copyright owner, the other party may not exercise the rights not explicitly licensed in the license contract.

(3) Right of transfer

The right of transfer refers to the right of the copyright owner to transfer one or more rights in the right to use according to law and get paid. The object of transfer cannot be the personal right of the work, but only the right to use in the property right of the work, and one or more or all of the right to use can be transferred. The main contents of the contract are:

1. Name of the work;

2. Types and geographical scope of the transferred rights;

3. Transfer price;

4. Date and method of delivery of the transfer price;

5. Liability for breach of contract;

6. Other contents agreed by both parties.

Without the consent of the copyright owner, the other party may not exercise the rights not expressly stipulated in the transfer contract.

(4) Right to remuneration

The right to receive remuneration refers to the right of copyright owners to receive remuneration for using or transferring works according to law. The right to remuneration is usually a property right derived from the right to use, license or transfer, and it is an inevitable content of the right to use, license or transfer. However, the right to remuneration sometimes has the value of independent existence, and it is not entirely a subsidiary right of the right to use, the right to use license or the right to transfer. The remuneration standard for the use of a work may be agreed by the parties concerned, or it may be paid according to the remuneration standard formulated by the copyright administrative department of the State Council jointly with relevant departments. If the parties have not agreed or the agreement is unclear, the remuneration shall be paid according to the remuneration standard stipulated by the state.

20 1 1 judicial examination outline

Chapter 25 Copyright of Civil Law Section 4 Contents of Copyright

Personal rights of works (right of publication, right of signature, right of modification and right of integrity of works) Property rights of works (right of license, right of transfer of use and right of remuneration).

20 1 1 Matters needing attention in judicial examination

Chapter 25 Copyright of Civil Law Section 4 Contents of Copyright

[Content Guide]

The content of copyright is about what rights the author and other copyright owners have. Copyright law is a law of rights, and the provisions on the rights of authors and other copyright owners are the core of the whole law. Article 10 of China's Copyright Law specifies the content of rights in detail, indicating that the content of copyright includes personal rights and property rights. The personal right of a work refers to the right enjoyed by the author to take personal interests related to his work as the content, also known as spiritual rights. The personal right of a work is closely related to the identity of the author and belongs exclusively to the author. Property right of works refers to the right to control the use of works and get remuneration, also known as economic rights. Property rights can be exercised by others or transferred to others.

(1) Right of publication

This is the first publication. The right of publication is the right to decide whether a work is made public, including: deciding when, where and how a work is made public. Whether and how to publish a work after creation is not only related to the fate of the work, but also related to other interests of the work. Only when the work is published can the property right be exercised. Besides property rights, publication also determines whether the works can be used reasonably, whether foreign works are protected by copyright in China, whether the protection period of legal person works begins, and so on. Note that the right of publication has two characteristics: first, the right of publication is a one-time right. The first publication of a work is publication. Authors no longer enjoy the right to publish their works in well-known States. The future reuse of works has nothing to do with the right to publish, but to exercise the right to use works. Second, it is difficult to exercise the right of publication alone, but you need to use certain works. In other words, the publicity of works should be realized in a certain way. The publication of books, the performance of plays and the exhibition of paintings are both the publication of works and the use of works. Therefore, there are many ways of publication, such as first publication, first performance, online publication, etc., all of which belong to the exercise of the right of publication.

(2) Signature right

Signature, that is, signing a work, indicates the identity of the author. The right of authorship is the right to confirm the identity of the creator of a work, which basically means that the author has the right to decide the way of signing a work, such as the real name of the signature, the pseudonym, the unsigned name, the signing order of the author of the cooperative work, etc. The identity of the author is mainly expressed through the external form of signature on the work, but not necessarily. In some cases, the identity of the author needs to be confirmed by means other than signature. For example, if the author is not signed, he has the right to ask for confirmation of his authorship; Authors also have the right to prohibit others from signing their own works; Have the right to prohibit stealing one's name from other people's works. Some people may ask, in a work with a fake name, the person whose name was stolen did not participate in the creation but was used by others. What the illegal act violates is the right of name, how can it be the right of signature? Indeed, the illegal act is aimed at other people's names, but this illegal use of names is related to works: first, counterfeiters steal names because the stolen people enjoy a reputation, which is based on works. If it is a person with no work and unknown name, an impostor may not steal his name. Secondly, the purpose of stealing names is to make people mistakenly think that the works are made by counterfeiters, thus increasing the sales of works. Thirdly, if the quality of fake works is poor, the direct consequence is that people's evaluation of fake authors and their works is reduced. From the above aspects, the act of counterfeiting others' signatures to make and sell works infringes on the right of signature in copyright. Item 8 of Article 47 of the new Copyright Law stipulates that the production and sale of works with forged signatures of others infringe on copyright. Before the revision of the copyright law, this article stipulated: the act of making and selling works of art signed by others; This revision will delete the word "art". In this way, any act of making or selling counterfeit works of others is an act of copyright infringement. Pay attention to this.

(3) the right to modify

The right to modify is the right to modify or authorize others to modify a work. The work expresses the author's voice. When the author's thoughts, emotions and academic views change to a certain extent, it is a respect for the author's personality to allow the work to be modified. Modification itself is creation and the inevitable result of creative activities. Even if it is a published work, the author still reserves the right to modify it. Therefore, when a book publisher reprints or republishes a work, he should inform the author to respect the author's right to modify it (Article 3 1 Paragraph 3 of the Copyright Law). At the same time, the right to modify is also subject to some necessary restrictions. For example, publishers of newspapers and magazines can modify or abridge their works in words (paragraph 2 of Article 33 of the Copyright Law); If the copyright owner permits others to make his work into a film, television or video work, it shall be deemed that he has agreed to make necessary modifications to his work. (Article 10 of the Regulations for the Implementation of Copyright Law)

(4) the right to protect the integrity of the work

The right to protect the integrity of a work means the right to protect the work from distortion and tampering. The right to protect the integrity of a work and the right to modify it are actually two aspects of a right. Protecting the integrity of a work is an extension of the right of revision. When the author authorizes the modification or use of a work, such as deductive creation, public performance, mechanical recording, etc. Attention should be paid to maintaining the integrity of the content of the work and protecting the original intention of the work from distortion and tampering.

The property right of works is the author's right to completely control his works and realize economic benefits. Property rights are related to various ways of using works. Only by using works in different ways can we realize the social and economic benefits of creation. In other words, the property right of a work is composed of the way the work is used, and it is a collection of various use rights. Item 5 to Item 17 of Article 10 of the new Copyright Law lists the provisions on property rights, indicating that the specific rights of copyright owners to use their works include: the right to copy, the right to distribute, the right to rent, the right to exhibit, the right to perform, the right to show, the right to broadcast, the right to spread information on the Internet, the right to film, the right to adapt, the right to translate and the right to assemble. The content of works' property rights is so rich and colorful, which is determined by the types and utilization methods of works. In this regard, we should first master several basic rules about property rights:

1. Property rights stipulated by law are for all works. As far as the author or copyright owner is concerned, the rights he has should depend on the type of his works and the specific way to use these rights. Not every type of work can enjoy all property rights.

2. Property rights are not related to each other. The author's exclusive economic right to use a work, such as publication, performance and adaptation of a film, is independent and parallel to each other.

3. The right to use the work is the exclusive right of the author, but it does not mean that the right to use the work is completely implemented by the author himself. In most cases, the author's right to use is realized through the behavior of others. Who is allowed to use the work, how to use it and other issues in use are authorized, which precisely reflects the author's control over the economic interests of the work.

Permission to use a work means that the author is entitled to remuneration. Getting paid is the natural result of using the work. Although the law does not list the provisions separately, obtaining remuneration should also be regarded as one of the purposes of allowing the use of works.

5. There are no quantitative restrictions on property rights. The author's rights should include the rights that may appear in the future due to technological progress or new sales methods. Although these rights are not explicitly incorporated into the law, they leave room. Article 10, item 17 of the Copyright Law stipulates: "Other rights that copyright owners should enjoy", which means that the law has not exhausted the property rights of works. Next, let's explain some key points and difficulties in property rights.

(1) Right of reproduction

The right of reproduction refers to the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying and remaking. The objects of copying can be almost all kinds of works such as written works, music works, audio-visual works and computer software. Judging from the number of copies, it can be large or unique, and only one copy constitutes a copy. For works of art such as paintings with high artistic value, copying one copy is enough to constitute infringement.

(2) The right of exhibition

The right of exhibition refers to the right to publicly display the originals or copies of artistic works and photographic works. The object of the right of exhibition is limited to artistic works, which can be published works or unpublished works. Publication of works not published in the exhibition. The object of exhibition right is mainly the originals, copies or imitations of some works, which generally have no exhibition value, especially works of art. However, China's copyright law stipulates that the related objects of exhibition right include both originals and copies of works. If the original has been possessed by the legal owner, then the author and copyright owner can only enjoy and exercise the right to display the copy. In the same way, the legal owner of the original work can enjoy the right to display the original work in addition to the ownership of the work.

(3) Executive power

Performance right refers to the right to publicly perform a work and publicly broadcast the performance of the work through various means. The objects of performance right are mainly music, drama, folk art, dance works, and dramas adapted from novels, essays and other literary works. After the revision of the copyright law, the performance right has added new content, that is, the performance form has been divided. Performance is divided into two forms: one is live performance, which directly shows the works to the audience through the voice, expression and movements of the actors, such as playing music, performing scripts and singing songs; The second is mechanical performance, in which the works are indirectly copied publicly through technical equipment, that is, after the performance is fixed, the performances of the works are publicly disseminated to the public through the media. Mechanical properties are also called indirect properties. The explicit stipulation of the performance form is directly related to the degree to which the author and copyright owner have control over the performance activities. Now, according to the right of mechanical performance, authors (through collective management organizations) can charge fees for playing background music in for-profit public places.

(4) the right of information network communication

The right of information network communication refers to the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose. This right applies to literary works, artistic works, music, drama and other types of works. Different from other modes of communication, especially broadcasting, works spread on the Internet are obtained by the public at the time and place chosen by people, such as reading works on home personal computers, watching movies and TV programs online in Internet cafes, or listening to songs, jokes and stories through the communication system. The emergence of information network communication right is the result of adapting to the new communication mode in the network era, and it is also the most noticeable place after the revision of copyright law. In 2002, it was included in the proposition scope in the national judicial examination in time. Please see:

multiple-choice question

Mark, a student of Chinese Department in a British university, wrote a novel in Chinese and published it in Literature Nova magazine without making any statement. Which of the following acts is an infringement of Mark's copyright?

A.a translated the novel into English and published it in China without Mark's consent.

B. Without Mark's consent and payment, B translated the novel into Tibetan and published it in China.

C.c. adapted the novel into Braille without Mark's consent or payment.

D.D. put the novel on the website for people to click and read without Mark's consent and payment.

(Volume 3, 42 Questions, 2002)

Answer: ABD

Analysis: the test site of this question involves knowledge such as copyright, infringement and fair use. You can think from many angles when answering questions. From the perspective of rights, Mark, as the author of the novel, enjoys the right to translate the novel and the right to spread it on the internet, that is, the right to allow or prohibit others from using his works by means of translation and information network communication. Anyone who, without Mark's consent and without legal basis, translates or disseminates his novels on the Internet constitutes an act of copyright infringement, and AD is an act of infringement. Among them, option D information network communication appears as a right of the author. From the point of view of fair use, infringement of copyright is not regarded as fair use. One of them is the use of Chinese language works, and the revised copyright law adds a restrictive condition to it, which should be Chinese language works created by China citizens and legal persons. Mark is a foreigner, so this fair use should not be applied, so item B also constitutes an infringement of Mark's copyright.

(5) The right to film

The right to film production, also known as the right to film production, refers to the right to fix a work on a carrier by filming or similar methods. The related objects involved in rights are mainly novels, essays and plays in written works. The adaptation of these works into film and television dramas requires the authorization of the author.

(6) Right of adaptation

The right of adaptation refers to the right to change the original work and create a new one with originality. Adaptation means changing a work from one genre to another, such as adapting a novel into a script, a movie into a cartoon, a drama into a movie and so on. Adaptation without changing the type, such as abbreviation, expansion, etc. Adaptation is the exclusive right of the author. Adapting a work without permission is a violation of rights. The author's right of adaptation can be exercised by himself or by authorizing others to exercise it.

(7) Right of translation

Translation right refers to the right to convert a work from one language to another. The objects of translation are mainly written works and oral works, which are also suitable for the change of computer programming language. Translating a work into different languages often brings considerable economic income to the author, so the right of translation is almost the first important property right that appears in the property right of the work after the right of reproduction. In foreign-related copyright relations, translation right is the basis of other rights. Only by translating the original into a foreign language can we further exercise the right of reproduction and performance.

(8) Right of assembly

The right of assembly refers to the right to assemble a work or a fragment of a work into a new work through selection or arrangement. Before the revision of the Copyright Law, the editing right was used, but it was easily confused with the editing activities of publishing houses and newspapers. Changed to assembly number after modification. Compilation is the selection and arrangement of works. The collected works are both published and collected as the first publication. Whether the work is allowed to be included in the collection depends entirely on the author's own wishes, and he can also get paid for it.

(1) Permission to use copyright

The copyright owner may exercise the property right of the work by himself or authorize others to exercise it. The legal form of licensing others to exercise the property rights of works is licensing contracts, including publishing contracts, performance contracts, adaptation contracts and broadcasting contracts. Some of the rights enjoyed by copyright owners can be effectively controlled, such as the right to publish and film, while others are uncontrollable or difficult to control, such as the right to perform and broadcast music works. It is difficult for authors to know who is singing their own works, where they are singing and which radio or TV station is playing their performances. Therefore, an effective mechanism is needed to ensure that copyright owners can exercise their rights unimpeded, and this mechanism is collective management of copyright. Entrusted by the author or copyright owner, the copyright collective management organization manages those rights that individuals cannot control in its own name for the copyright owner. It authorizes the users of the works and collects royalties from the works, and then returns the royalties to the copyright owner in a certain proportion, and makes legal representations to the infringers. Article 8 of the Copyright Law is about copyright collective management organizations.

(2) Copyright transfer

Copyright transfer means that the author or other copyright owner transfers one or more property rights of the work to others. The difference between transfer and license is that transfer makes the author lose part of the copyright, while license only temporarily separates the right to use from the author. China's Copyright Law does not clearly stipulate the issue of transfer. The revised law stipulates that copyright can be transferred, which makes the way for copyright owners to exercise their rights more flexible and more suitable for the needs of practice. We should pay attention to the following points: first, the transfer of copyright is limited to the scope of property rights; Second, the transfer of copyright requires a written contract; Thirdly, a narrow interpretation of the assignment contract means that the assigned rights are limited to the rights clearly stipulated in the contract, and cannot be extended to the rights that are not clearly stipulated in the contract and did not appear when the contract was concluded.

(3) Copyright transfer

Copyright transfer includes inheritance and being inherited. If the copyright belongs to a citizen, after the death of the citizen, the property right of his work shall be transferred in accordance with the provisions of the inheritance law. The rights of authorship, modification and integrity protection in copyright shall be protected by the author's heirs or legatees. If the copyright belongs to a legal person or other organization, after the legal person or other organization changes or terminates, the property right of its work shall be enjoyed by the legal person or other organization that undertakes its rights and obligations; If there is no legal person or other organization that undertakes its rights and obligations, it shall be enjoyed by the state.

[Test site tips]

This section is the core content of copyright law, with centralized knowledge points and centralized distribution of test sites. The focus of learning should be the rights of authors and other copyright owners, but it should be noted that the proposition direction often examines the mastery of the content of rights from the perspective of infringement.