CHINA Law and Practice Contributed by: Chuanhong Long, Bin Zhang, Cuicui Liang and Lei Fu, CCPIT Patent and Trademark Law Office
years after the completion of the work, the author may not, without the consent of the legal entity or organi - sation involved, authorise a third party to exploit the work in the same way as the legal entity or organisa - tion does. The copyright ownership of works created by artificial intelligence, etc, is a hot topic now, and there is still controversy about this in academic circles. Joint Authorship Where a work is created jointly by two or more co- authors, the copyright in the work will be enjoyed jointly by those co-authors. Co-authorship may not be claimed by someone who has not participated in the creation of the work. The copyright of a co-operative work is exercised by the co-authors upon consensus. Where no consensus has been reached and there is no justified reason, no party may prevent another party from exercising their rights, other than transferring and permitting oth - ers’ exclusive use, and pledging, and the proceeds obtained must be reasonably distributed to all the co- authors. If a work of joint authorship can be separated into independent parts and exploited separately, each co- author will be entitled to independent copyright in the parts that they created, provided that the exercise of such copyright does not infringe upon the copyright in the joint work as a whole. 3.4 Copyright Rights According to the Chinese Copyright Law, copyright includes the following personal rights and property rights:
and the right of performance persist throughout the term of the copyright. Moral right is an important aspect protected by copy - right, in addition to property right. In copyright law, moral right could be regarded as the personal right specified in the law, which includes the right of pub - lication, the right of authorship, the right of alteration and the right of integrity. 3.5 Term of Protection and Termination Copyright protection starts from the creation of a work. Copyright includes both personal right and property right. As to the duration of protection of cop - yright’s property rights, this is 50 years, expiring on 31 December of the 50th year after the first publication of such work. Protection applies to the following rights: • reproduction; • distribution; • lease; • exhibition; • performance; • projection; • broadcasting; • information network dissemination; • translation; and • compilation, etc. If the work is not published within 50 years after its completion, it will no longer be protected. If the copyright belongs to a natural person instead of a legal entity, the protection period will be the lifetime of the author and 50 years after their death, expiring on 31 December of the 50th year after their death. In the case of a work of joint authorship, the protection term will expire on 31 December of the 50th year after the death of the last surviving author. • production; • adaptation; There is an exception regarding audiovisual works – no matter whether the copyright belongs to a natural person or a legal entity, the term of protection is 50 years, expiring on 31 December of the 50th year after the first publication of such work. If the work is not published within 50 years after its completion, it will no
• publication; • authorship; • alteration; • integrity; • reproduction; • distribution; • lease; • exhibition; and • performance; etc.
Among these, the right of reproduction, the right of distribution, the right of lease, the right of exhibition
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