Astudyonthetheoryofcopyrightrevision

閆金泉

【Abstract】Since Chinas copyright law was transplanted from foreign legislation， in many cases there will be acclimatized situation. Due to the awareness of protecting intellectual property rights in China is very weak， in use， there are differences in theory and practice. How to make the copyright law match for our county become the urgent matter of the legal system in China， by studying the international intellectual property law， we should clarify the relevant concepts of copyright law， and provide reference for the revision of Chinas copyright law. The following is a basic understanding of copyright by introducing the concept of copyright， the scope of copyright， the term of protection， the reasons for protecting copyright， how to protect copyright， it provides a theoretical basis for the revision of copyright law in China.

【Key words】copyright； scope of copyright； copyright and related rights； Protection of copyright

1. The definition of copyright

Copyright， refers to the author and other rights holders of literary， artistic and scientific works enjoy personal rights and property rights in general. Including the right of authorship and the property rights of works. Among them， the connotation of the right of personality includes the right of public publication， the right of representation and the right of distorting， altering and damaging the reputation of authors. The right of property is the intangible property right， which is based on the human rights. It belongs to one kind of intellectual property right， including the right of reproduction， public oral right， public broadcasting rights， public release right， public performance right， Public display rights， the right to change， the right to distribute， such as rental rights. Copyright protects the expression of thought， not the thought itself， while preserving the interests of private property rights， while taking into account the accumulation of civilization and the dissemination of knowledge， algorithms， mathematical methods， techniques or machines are not copyrighted. Protection of the object. It is a time-limited right that can be freely used by anyone after a certain period of time has elapsed.

2. The scope of copyright

Copyright covers literary works （such as novels， poems and plays）， films， music， artistic works （e.g.， drawings， paintings， photographs and sculptures） and architectural design. Rights related to copyright include those of performing artists in their performances， producers of phonograms in their recordings， and broadcasters in their radio and television programs.endprint

3. The duration of copyright

The economic rights relating to copyright are of limited duration – as provided for in the relevant WIPO treaties – beginning with the creation and fixation of the work， and lasting for not less than 50 years after the creators death. National laws may establish longer terms of protection. This term of protection enables both creators and their heirs and successors to benefit financially for a reasonable period of time. Related rights enjoy shorter terms， normally 50 years after the performance， recording or broadcast has taken place. Copyright and the protection of performers also include moral rights， meaning the right to claim authorship of a work， and the right to oppose changes to the work that could harm the creators reputation.

4. What are the benefits of protecting copyright and related rights

Copyright and related rights protection is an essential component in fostering human creativity and innovation. Giving authors， artists and creators incentives in the form of recognition and fair economic reward increases their activity and output and can also enhance the results. By ensuring the existence and enforceability of rights， individuals and companies can more easily invest in the creation， development and global dissemination of their works. This， in turn， helps to increase access to and enhance the enjoyment of culture， knowledge and entertainment the world over， and also stimulates economic and social development.

5. How are copyright and related rights regulated

Copyright and related rights protection is obtained automatically without the need for registration or other formalities. However， many countries provide for a national system of optional registration and deposit of works. These systems facilitate， for example， questions involving disputes over ownership or creation， financial transactions， sales， assignments and transfer of rights.

There are two types of rights under copyright. Economic rights allow the rights owner to derive financial reward from the use of his works by others. Moral rights allow the author to take certain actions to preserve the personal link between himself and the work.Most copyright laws state that the author or rights owner has the right to authorize or prevent certain acts in relation to a work.endprint