Your writing is not your writing, what's the matter?

I have published several articles on infringement and copyright before, and found that many people do not understand this field very well. This article will be presented in a more approachable way, and the length will not be too long. I will give some examples. I hope you can read it patiently, thank you!

Ownership of copyright, must it be yourself?

I think most people should think that after a creation is completed, it is a matter of course that the copyright belongs to them, but things are not as simple as they think (Taiwanese), and sometimes they will be accused of infringement after using their own works. What's the matter?

If you don't actually execute the creation, you are not the author

Anyone who provides opinions, ideas, and data collection for the creation is not considered a writer, only the person who actually executes the creation is counted.

For example, if a university professor asks students to help with interviews, surveys, and material for a new book, who is the author? The answer is that professors are not students. Even though the content and materials of this book are collected by the students with a lot of time, it is the professors, not the students, who use these materials to complete the book, so the students are not authors, nor can they claim to be co-authors.

The copyright protection period is based on the time of death of the author + 50 years (Article 30 of the Copyright Law)

(That is to say, if the work you want to adapt has been more than 50 years since the author's death, you can use it with confidence. If the author is still alive, you must first obtain the authorization and consent of the original work before using it.)

The copyright owner is the company rather than himself for the creations completed due to his duties during the employment period

If it is because the boss requires creation on the job, in the absence of a special agreement, the copyright owner is the "company" rather than himself. (Article 11 of the Copyright Law)

But if the boss finds out that you have a piece of work on your personal website that you want to use for official business, then in this case the copyright owner is still yourself, because your creation is not completed because of the needs of your job, so still retains its copyright.

The company shall not take the works that are not completed in the contract as the company. If there is such an agreement, it is invalid according to law!

For the creations completed by the funders, who owns the copyright?

According to Article 12 of the Copyright Law, when accepting the creation of the creative achievements entrusted by others, the copyright belongs to the employed person, that is, the creator himself.

However, since the investor has paid all the money, there is no way to enjoy the copyright, so the guarantee given by the law to the investor is that the investor can use the work.

I think this is quite reasonable. It is impossible for all the investors to pay for it. As a result, they have to pay again to obtain authorization.

How to claim the rights of joint works?

When an inseparable creation is jointly created by two or more people, the copyright is that multiple people jointly own "one" copyright, so when one of the copyright owners wants to authorize it to a third party or wants to use it by himself, he cannot Because you are the copyright owner, you can use it without authorization, but you must obtain the consent of other copyright owners.

Therefore, if you have joint copyright with others, it is better to have a contract to stipulate what kind of use can be made under what circumstances, or even stipulate that both parties can independently authorize externally, etc., so as to avoid the problem of co-owner infringement in the future.

I hope the above sharing will be helpful to you, and you are welcome to discuss together.