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How long is the protection period of software copyright?
The protection period of software copyright in China is 25 years, ending at 65438+February 3 1 day in the 25th year after the software was first published. Before the expiration of the protection period, the software copyright owner may apply to the software registration authority for extension for 25 years, but the maximum protection period shall not exceed 50 years. Software that has not been published within 50 years from the date of development is no longer protected by law. Then, how is the protection period of software copyright divided? 1. Copyright protection period: refers to the period during which copyright is protected by law or the effective period of copyright. During the period of copyright protection, the copyright of a work is protected by law. Unless otherwise provided by law, the use of a work requires the consent of the copyright owner and payment to him. After the expiration of the copyright protection period, the work enters the public domain and is no longer protected by law. Anyone can use the work without obtaining the consent of the original copyright owner or paying remuneration to the original copyright owner. The establishment of copyright protection period plays an important role not only in protecting the exclusive rights of copyright owners to works, but also in ensuring that copyright becomes a tool for developing national culture and scientific undertakings. Second, how long does the law stipulate the protection period of copyright? The term of protection of the author's right of authorship, modification and protection of the integrity of the work is unlimited. The protection period of other copyright rights, such as the right of publication of citizens' works, is 50 years before and after the author's death, ending at 65438+February 31in the tenth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author. The copyright (except the right of authorship) of a work of a legal person or other organization shall be enjoyed by the legal person or other organization, and the protection period of other copyrights such as the right of publication shall be fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, its copyright will no longer be protected. The term of protection of cinematographic works, works created by similar cinematographic methods, publishing rights of photographic works and other copyrights is fifty years, ending at 65438+February 3 1 in the fiftieth year after the first publication of the works. However, if a work is not published within 50 years after its creation, its copyright will no longer be protected. 3. Limitation of action for copyright: It means that the limitation of action for copyright infringement is two years, counting from the date when the copyright owner knows or should know about the infringement. If the obligee has filed a lawsuit for more than two years and the infringement continues at the time of prosecution, the people's court shall order the defendant to stop the infringement within the copyright protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court. In other words, the statute of limitations stipulated in the General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law does not apply to the lawsuit brought by the obligee for copyright infringement. The obligee may waive the limitation of action and is not subject to the limitation of two years. As long as the infringement continues when the obligee files a lawsuit within the copyright protection period, he can ask the people's court for a copyright protection lawsuit, which can still be supported by the people's court, and the obligee can still get compensation for infringement damages calculated two years from the date of prosecution.
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