CHINA Law and Practice Contributed by: Chuanhong Long, Bin Zhang, Cuicui Liang and Lei Fu, CCPIT Patent and Trademark Law Office
3.4 Copyright Rights According to the Chinese Copyright Law, copy - right includes the following personal rights and property rights:
another unincorporated organisation is deemed to be a service work. The copyright of such work is enjoyed by the author, but the legal entity or unincorporated organisation has a priority right to exploit the work within the scope of its pro - fessional activities. During the two 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 organisation 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-author - ship may not be claimed by someone who has not participated in the creation of the work. The copyright of a co-operative work is exer - cised 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 others’ 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, provid - ed that the exercise of such copyright does not infringe upon the copyright in the joint work as a whole.
• the right of publication; • the right of authorship; • the right of alteration; • the right of integrity; • the right of reproduction; • the right of distribution; • the right of lease; • the right of exhibition; and • the right of performance; etc.
Among these, the right of reproduction, the right of distribution, the right of lease, the right of exhibition and the right of performance persist throughout the term of the copyright. Moral right is an important aspect protected by copyright, in addition to property right. In copy - right law, moral right could be regarded as the personal right specified in the law, which includes the right of publication, 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 protec - tion of copyright’s property rights, including the right of reproduction, the right of distribution, the right of lease, the right of exhibition, the right of performance, the right of projection, the right of broadcasting, the right of information network dissemination, the right of production, the right of adaptation, the right of translation and the right of compilation, etc, this is 50 years, expir - ing on 31 December of the 50th year after the first publication of such work. If the work is not
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