This article is actually written for some Chinese citizens and friends. Recently, an article was forcibly hidden by the authorities for violating the "right of rewriting" of the Copyright Law, which caused some Chinese citizens and friends to be dissatisfied and questioned where the law was used. strip? Does Matt City use Taiwan's laws?

In fact, I can fully understand such a question. After all, most people do not know much about intellectual property rights, so I would like to explain to you Chinese citizens and friends using the "China" copyright law. I hope you can have Have a little patience and look at the following, I will try to keep it short and not too verbose.

According to the announcement of the Copyright Law of the People's Republic of China on November 11, 2020, it is clearly stated:

Article 10

Copyright includes the following personal and property rights:

(1) The right of publication, that is, the right to decide whether the work is made public;

(2) The right of authorship, that is, the right to indicate the identity of the author and to sign on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from being distorted or tampered with;

(5) The right of reproduction, that is, the right to make one or more copies of the work by means of printing, photocopying, rubbing, audio recording, video recording, dubbing, duplicating, digitizing, etc.;

(6) The right of distribution, that is, the right to provide the public with the original or a copy of the work by way of sale or gift;

(7) The right to lease, that is, the right to license others to temporarily use the original or copy of audio-visual works and computer software for a fee, unless the computer software is not the main subject of the lease;

(8) The right of exhibition, that is, the right to publicly display the originals or copies of works of art and photography;

(9) the right of performance, that is, the right to publicly perform the work and to broadcast the performance of the work by various means;

(10) The right of projection, that is, the right to publicly reproduce art, photography, audio-visual works, etc. through technical equipment such as projectors and slide projectors;

(11) The right of broadcasting, that is, the right to publicly transmit or rebroadcast works by wire or wireless, and to transmit broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds, and images, excluding this subparagraph the rights set out in item 12;

(12) The right of information network dissemination, that is, the right to provide the public with wired or wireless means so that the public can obtain the work at the time and place of their choice;

(13) The right of filming, that is, the right to fix the work on the carrier by the method of filming the audiovisual work;

(14) The right of adaptation, that is, the right to change the work and create a new work with originality;

(15) The right of translation, that is, the right to convert a work from one language to another;

(16) Compilation right, that is, the right to compile works or fragments of works into new works through selection or arrangement;

(17) Other rights that should be enjoyed by the copyright owner.

The copyright owner may permit others to exercise the rights specified in Items 5 to 17 of the preceding paragraph, and obtain remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may assign the rights specified in items 5 to 17 of the first paragraph of this article in whole or in part, and obtain remuneration in accordance with the agreement or the relevant provisions of this law.

Have you seen the "rights of modification" and "rights of adaptation" that I have bolded and marked above? The most important thing is that the two paragraphs in bold clearly state that the copyright owner can "license" or "transfer" the rights and get paid according to the contract, that is to say, if there is no "license" and "transfer", is a violation of copyright.

Therefore, I would like to tell all citizens and friends that it is indeed not only Taiwan's copyright law that has the so-called "right to remake". In fact, in Europe and the United States and even China, works that have been modified or adapted without the consent of the original creator belong to Scope of infringement .

Finally, I will add the definition of "modification" in Taiwan's Patent Copyright Law, and remind all friends on the site to pay attention.

The following is an excerpt from this page .

What is "reform"? To put it simply, it is to translate, rewrite, arrange, film or use other methods to create new works from existing works. For example , translating a Chinese novel into English or translating an English novel into Chinese; rewriting a novel into a script, and then making a movie based on the script, are all acts of rewriting.

"Rewriting right" is a kind of copyright property right. The author has the right to modify his own work. Therefore, to modify someone else's work, the consent of the copyright owner must be obtained. If the author has given up the modification right, then It is necessary to obtain the consent of the person who has been assigned the right of modification , otherwise, the right to modification will be violated, and one will inevitably be legally responsible for his illegal actions.

The new work resulting from the modification enjoys another new and independent copyright, and the modified work still retains its own copyright. influences. For example, after translating Chinese novels into English, another Japanese person wants to translate the English novels into Japanese. At this time, in addition to obtaining the consent of the copyright owners of the English novels, the Japanese must also obtain the consent of the Chinese novels. Consent of the copyright owner.

In principle, the author's consent or authorization is required to make changes to other people's works, but there is an exception, that is, to obtain a genuine copy of a computer program through legal channels, if the computer program is incompatible with the computer we use, and If the program must be modified, it can be modified directly without the consent of the program author, but the modified program is limited to the modifyer's own use, and cannot be provided for others to use.

The above information is provided for your reference.

Further reading:

Whether the re-creation of the film infringes the copyright-Taking Gu Amo's re-creation of the film as an example