First, individual rights.
1. Personal rights in copyright law are different from those in civil law. This right is inseparable from the author's personal life.
(1) Whether a legal person can enjoy personal rights. China's Copyright Law stipulates that a legal person or an unincorporated entity can be the subject of copyright, and naturally recognizes that a legal person or an unincorporated entity can enjoy personal rights. However, this issue is very different in the copyright laws of various countries in the world. Most countries that protect the author's personal rights stipulate in the copyright law that only natural persons can become authors, that is, only natural persons can enjoy personal rights. Because the personal right is the reflection of the author's personality, it is a recent thing to admit that a legal person has the will.
(2) Whether personal rights can be transferred and inherited. Generally speaking, personal rights are personality rights. Therefore, the transfer and inheritance of personal rights can be denied. The copyright laws of most countries stipulate that personal rights are inalienable, non-mandatory and non-transferable. However, in theory and practice, it seems that there are undeniable reasons and facts for the transfer and inheritance of some personal rights. Personal rights are inseparable from the author's person, but some rights in personal rights are also inseparable from property rights.
(3) The difference between personal rights in copyright and civil law. Personal rights in civil law mainly refer to the right to life, health, freedom, personality and portrait. It can be seen that the personal right in civil law is an inherent right of human beings, and the difference between it and the personal right in copyright lies in:
First, from the perspective of rights, personal rights in civil law are based on people's birth. Once a person is born, he has life and personal rights. Personal rights in copyright are based on the creation of works, that is, the birth of works is the condition.
Second, the personal rights in civil law are inherent in people's lives, and the personal rights referred to by copyright are limited to the author, that is, the person who creates the work.
Third, the personal rights in the civil law are limited to natural persons, and the personal rights mentioned in the copyright law can be natural persons or legal persons according to the provisions of the copyright law.
Fourth, the personal rights in civil law, as far as most rights are concerned, disappear with the death of human life (after the death of the obligee, some personal rights are inviolable, such as the right to portrait). Personal rights in copyright law can exist alone even if the subject dies, such as the right of signature.
Fifth, personal rights in civil law cannot be inherited and transferred, and some rights in personal rights in copyright law can be transferred and inherited.
Sixth, the infringement of personal rights in civil law is mostly a direct infringement on the subject itself, while the infringement of personal rights in copyright is manifested in the illegal use of works.
2. Publishing rights. The right of publication refers to the right to decide whether a work is open or not. There are two meanings here: one is to decide to publish, the other is to decide not to publish. The right of publication specifically includes the following contents: when to publish; In what form, such as book form, serial form, broadcast form, etc. ; Where is it published? A published work should be an original or a copy of an unpublished work. If the work has been published or exhibited, there is no problem of publication. Making it public mainly refers to preaching or showing it to an unspecified majority in public and being known by most people. If the work is only circulated among the author's friends, it will not be published.
3. Signature right. The right of authorship is the right to show the identity of the author and sign his name on the work. The identity of the author can be confirmed by signature. According to the copyright law, if there is no proof to the contrary, the citizen, legal person or other organization who signed the work is the author. The right of signature is the core of copyright, and only with the right of signature can the subject of copyright be confirmed.
4. The right to modify and protect the integrity of the work. The right to modify and the right to protect the integrity of a work are essentially two aspects of the same thing. On the one hand, the author has the right to modify the work, on the other hand, he has the right to prohibit others from tampering with or distorting the work. The right to modify refers to the right to modify or authorize others to modify a work.
Second, property rights.
The property right in copyright refers to the right that can bring economic benefits to the copyright owner. The realization of this economic benefit depends on the use of the work by the copyright owner. It can be seen that the property right in copyright is different from the property right in civil law, which is mainly manifested in:
(1) Rights have different manifestations.
(2) The property law in civil law should be permanently protected, even if everyone is still protected by law after death, which can be passed down from generation to generation.
(3) There are not too many restrictions on the exercise of property rights by law, but there are many restrictions on the exercise of copyright property rights, such as fair use without payment. According to the provisions of the Copyright Law, the property right of copyright refers to the right of the copyright owner to use the work by copying, distributing, renting, exhibiting, performing, showing, broadcasting, information network dissemination, shooting or adaptation, translation and assembly, and the right to permit others to use the work in the above ways and get corresponding remuneration.
1. Reproduction right: It is the right of the copyright owner to decide whether to carry out the above-mentioned reproduction or prohibit others from copying his protected works, and it is the most important, basic and universal right among copyright property rights. Reproduction refers to the act of making one or more copies of a work by means of printing, copying, rubbing, recording, video recording, copying and remaking.
2. Distribution right: refers to the right to provide the original or copy of a work to the public by way of sale or gift. Distribution is an important channel to spread works and realize the economic rights of copyright owners. Only through distribution can it be accepted by the public.
3. Lease right: refers to the right to authorize others to temporarily use film works and works and computer software created by methods similar to filming. Lease right is a right listed separately after the revision of copyright law, which was stipulated as one of the distribution methods in the original regulations on the implementation of copyright law.
4. Exhibition right: refers to the right to publicly display the originals or copies of artistic works and photographic works. The works that can be exhibited are generally limited to art works and photography works, because these two kinds of works are visual works, and the content of their works is not easy to be understood by people in other modes of communication, and exhibition is the best channel.
5. Performance right: the right to publicly perform a work and publicly broadcast the performance of the work in various ways. Performance can be divided into live performance and mechanical performance. The former refers to the direct display of works through the body shape and movements of the human body; The latter refers to the repeated performance of some works with the help of mechanical equipment, such as playing audio-visual works through audio-visual equipment.
6. The right of projection: refers to the right to publicly reproduce art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment. This is a new right after the revision of the copyright law.
7. Broadcasting right: refers to 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. Technically speaking, the right to broadcast must be exercised through radio stations and television stations, and the broadcasting behavior is regulated by national administrative regulations and departmental rules. Therefore, there is often the fact that broadcasting is authorized.
8. 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 the works at the time and place they choose. This is a new right added in the revision of copyright law to cope with the development of information network. Prior to this, the court often protected the copyright owner by identifying the act of uploading other people's works to the network as illegal copying (that is, expanding the right to interpret and copy).
9. The right to make a film refers to the right to fix a work on a carrier by making a film or by similar means. The film right can be exercised by itself or by authorizing others to exercise it.
10, adaptation right: refers to the right to modify the original work and create a new one with originality. The right of adaptation can be exercised by oneself or by others. The reason why the works should be adapted is to meet the requirements of different means of communication.
1 1. Translation right: refers to the right to convert a work from one language to another.
12. Assembly right: refers to the right to assemble a work or fragments of a work into a new work through selection or arrangement. If the exercise of assembly right is original in the selection and arrangement of materials, an assembly work will be formed.
Legal basis:
Article 10 of the Copyright Law of People's Republic of China (PRC) includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent;
(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;
(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
(10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;
(11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph;
(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;
(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;
(14) the right of adaptation, that is, the right to change a work and create a new work with originality;
(15) the right to translation, that is, the right to convert a work from one language into another;
(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;
(seventeen) other rights that should be enjoyed by the copyright owner.
The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may, in accordance with the agreement or the relevant provisions of this law, transfer all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration.