What is the difference between copyright and copyright?

The fifth article of our country's current copyright law stipulates that "copyright and copyright system are synonymous". Some people in the intellectual property industry equate copyright with copyright.

The difference between copyright and copyright

Based on the above definition of the concept of copyright, based on social practice, the author believes that copyright and copyright have five obvious differences:

First, the subject is different.

In a narrow sense, copyright refers to the right of the publisher, whose subject is the publisher. In China, the publishing industry has long been a state monopoly, run by state-owned publishing houses (publishing houses or publishing companies). Therefore, the subject of copyright in our country can only be state-owned publishing institutions, and natural persons can not become the subject of copyright. The subject of copyright is the author of the work. Objectively, only natural person is the only actual author of the work, other social organizations and civil subjects other than natural person; You can only be considered a "legal author" in certain circumstances.

Second, the object is different.

The object of the publisher's right is books and audiovisual publications. The object of copyright is the work, and copyright law only protects the work, not the carrier of the work, because the carrier of the work can be many kinds, and the work itself can only be one.

Third, the formation mechanism is different.

Copyright is a derivative of copyright, and publisher's copyright can only be granted by the copyright owner. Copyright is a legal right based on literary, artistic and scientific works. In our country, once a work is created, as long as it has the attributes of the work, it automatically generates copyright according to law.

Fourth, the content is different.

Taking China as an example, the copyright enjoyed by publishers of their published works includes the exclusive right of publication, the right of version, the right to modify and delete the form and content of the published work. China's copyright law stipulates that copyright includes personal right and property right of works. Personal rights include the right of publication and the right of authorship. The right to modify and protect the integrity of the work. Property rights include the right of reproduction (right of publication, right of distribution, right of reproduction, right of interpretation, right of translation, right of interpretation), right of communication (right of performance, right of broadcast, right of display, right of recitation) and so on.

Fifth, deadlines are different.

In China, the publisher has the exclusive right to publish the works authorized by the author for a certain time. The time limit shall be negotiated and signed between the publisher and the copyright owner, and the validity period of the contract shall not exceed 10 years. The protection of personal rights in works is generally unrestricted, and the right that some content has an exclusive property should be protected permanently. As for the property rights of works, all countries have stipulated a certain time limit. China's copyright law stipulates that the protection period of the rights of publication and the property rights of works of citizens is the life of the author and 50 years after his death, ending on December 31 of the 50th year after the death of the author.