Copyright Concept

The basic knowledge of copyright

Graphic works, including maps, charts, technology or engineering drawings and other graphic works. Audio-visual works, including film, video, video, computer screen display images and other mechanical or equipment performance series of images, with or without accompanying sound can be attached to any media works. Sound works, including any by mechanical or equipment performance series of sound can be attached to any media on the work. But not accompanied by the voice of audio-visual works. Architectural works, including architectural drawings, architectural models, buildings and other architectural works. Computer program works, including direct or indirect computer to produce certain results for the purpose of the combination of instructions composed of books. Performing means a performance of an existing workCopyright is a kind of intellectual property rights, the so-called "intellectual property rights" refers to the results of human spiritual activities can produce property value, in order to protect the interests of inventors, to create a law, copyright is copyright The rights of the author.

(Source: TIPO)

The term "works" in the Law of Copyright contains the creations of literary, scientific, artistic or other academic fields, divided into eleven categories.

  • Literature works, including poetry, words, prose, fiction, script, academic discourse, speech and other language works.
  • Music works, including music, lyrics and other music works. Drama, dance, including dance, mime, opera, drama and other theater, dance works.
  • Drama, dance, including dance, mime, opera, drama and other theater, dance works.
  • Art works, including painting, printmaking, comic books, comic books, cartoons, sketches, calligraphy, calligraphy, sculpture, handicrafts and other works of art.
  • Photographic works, including photographs, slides and other works by the creation of photography works.
  • Graphic works, including maps, charts, technology or engineering drawings and other graphic works.
  • Audio-visual works, including film, video, video, computer screen display images and other mechanical or equipment performance series of images, with or without accompanying sound can be attached to any media works.
  • Sound works, including any by mechanical or equipment performance series of sound can be attached to any media on the work. But not accompanied by the voice of audio-visual works.
  • Architectural works, including architectural drawings, architectural models, buildings and other architectural works.
  • Computer program works, including direct or indirect computer to produce certain results for the purpose of the combination of instructions composed of books.
  • Performing means a performance of an existing work.
(Source: TIPO)

What kinds of works are not protected by copyright？

Copyright protects only the expression of the work, not the expression of ideas, procedures, processes, systems, methods of operation, concepts, principles, discoveries. For example, the language works protect the narrative of the text, but the idea conveyed in the written narrative is not protected by the copyright law. In addition, based on the public convenience considerations, or because of its versatility, the Copyright Law expressly stipulates the following shall not be the subject of copyright:
  1. Constitution, law, order or document. The official documents include the drafts, speeches, press releases and other documents drawn up by the civil servants in their respective functions.
  2. Translation or compilation made by the central or local authorities in relation to the preceding paragraph.
  3. Slogans and general symbols, nouns, formulas, tables, tables, books or calendars.
  4. Constitution, law, order or document. The official documents include the drafts, speeches, press releases and other documents drawn up by the civil servants in their respective functions. Translation or compilation made by the central or local authorities in relation to the preceding paragraph. Slogans and general symbols, nouns, formulas, tables, tables, books or calendars. The mere fact of the press to convey the facts made of language works. All kinds of examination questions and their spare questions.
  5. All kinds of examination questions and their spare questions.

(Source: TIPO)

What is the content of copyright？

Author's copyright under copyright law is divided into the work of personal rights and property rights. The authors have the right of personality, including the public right of publication, the right of expression and the right to prohibit improper modification. The author's right of personality belongs exclusively to the author himself, not to let or inherit, but the agreement does not exercise. The rights of authorship include the right to reproduce, the right to speak, the right of public broadcast, the right of public performance, the right of public performance, the right to public display, the right of public display, the right to change and edit, and the distribution of the works Rights and rental rights. Works may be transferred in whole or in part, or authorized to be exercised by others.

(Source: TIPO)


 

When can get the copyright? Can I obtain the copyright if does not apply or register it？

In principle, the copyright is obtained when the author has finished his work. Therefore, whether or not to apply for the registration or registration of the copyright and whether or not the work has been issued will not affect the acquisition of the copyright. In fact, in order to thoroughly implement the principle of protection of creation, the current copyright law has completely abolished the copyright registration system, the author can not apply for copyright registration or registration. For the effective protection of copyright, the author shall, as far as possible, preserve the relevant creative evidence or in any published work, as a proof of creation.

(Source: TIPO)


 

Will affect the protection of copyright if there is no copyright mark on the work？

The copyright law does not require that copyright be marked on the works before they are protected. Therefore, there is no copyright indication and the enjoyment of copyright will not be affected. However, if the original work or its reproduction on the works indicate the date of publication, location, authors and the name of the work of property rights, can be presumed to be the real legal effect, while users can quickly contact with the copyright owner, There is no excuse that do not know is protected works or can not find the copyright owner, therefore, in the original copy or copyright to do on the copyright mark, the protection of copyright is more comprehensive.

If you have any doubt about the above, please contact the advisory line of the Intellectual Property Bureau of the Ministry of Economic Affairs Copyright Group : 886-2-87321452 or 886-2-2730007 ext.4031.

(Source: TIPO)


 

How long is the protective period of copy right?

Theoretically, the author's right of personality expires with the death or extinction of the author, but after the death or extinction of the author, the protection of the personality of his works is still regarded as the survival or survival, no one shall be infringed upon. As for property rights, in principle, the existence of the survivor of the author and his death 50 years. But aliases or anonymous works, the legal person for the author's books, photography, audio-visual, recording and performance of the property rights continue to work published 50 years after the public.

(Source: TIPO)

What is the difference between the assignment and the authorization of a work？

The property right of a work may be given or authorized to be exercised by another person, and the owner of the original property shall lose the property right after the assignment of the property right. The author's right to use the work, the other person to use the work, still have to get the author, the author of the work of the property rights of the author's rights, That is the original owner of the work of the consent or authorization, the authorized person unless the owner of the original work of the consent or authorization, otherwise no longer authorized. The copyright law is specifically presumed to be unlicensed or unauthorized for the purpose of protecting the copyright owner of the work, if the assignment or authorization agreement is unclear.

There are big differences betwen the transfer or authorization of copyright, it is necessary to make it clear that, in the exercise of their own property rights, it is necessary to make clear that although the assignment or authorization of the work property rights is not necessarily written, but for strengthening the evidence and reducing disputes, Agreement is more appropriate.

(Source: TIPO)


 

Who can claim the copyright？

In principle, the authors can claim the authors' personal rights and works as property rights when they finish their work. However, other provisions of the copyright law are as follows:  　
  1. Employee, including civil servants, in the work done on the job, in principle, the employed as a writer, you can advocate the work of personality, but the copyright belongs to the employer. As for the other special agreement otherwise, according to their agreement. 　
  2. Funding to hire others to complete work, in the principle, that the authors may advocate his or her moral rights and property rights, but investors have to use this work. As for the special agreement between both sides, follow the agreement.
  3. For the transfer of property rights of the case, the original copyright owner lost the right to property, should be the assignee to obtain the status of the work of property rights advocate the work of property rights.
(Source: TIPO)


 

What is "Fair Use"?

Although the copyright law protects the rights and interests of the authors, it is also necessary to take into account the interests of the public in the use of works. After all, authors are not created out of thin air by themselves. They are inherited from the wisdom of their predecessors and are influenced by contemporary society. The copyright law, under certain circumstances, restricts and restricts the rights and interests of the author and allows the public to use other persons for the purpose of academic, educational, personal use and other non-profit purposes within the appropriate scope. The so-called "fair use".

(Source: TIPO)


 

Are there any legal remedy when the copyright infringement in the victims？

Once when copyright infringement occurs, the victim can prosecute for criminal procedure to the court and request the criminal penalties, it can also bring a civil action to the court for damages or request perpetrators burden Injunction or prevent damage. If you have any doubt about the above, please contact advisory line of the Intellectual Property Bureau of the Ministry of Economic Affairs Copyright Group: 886-2-87321452 or 886-3-27380007 ext:4031

(Source: TIPO)