Classification of copyright management
I. Copyright management
The administrative management of copyright is the management of copyright by state organs according to the functions and powers entrusted by law, including the management of copyright by state central organs and provincial organs. The central organ of copyright management in China is the National Copyright Administration of the State Council, and its management authority is: implementing copyright laws and regulations and formulating measures related to copyright management; Investigate and deal with copyright infringement cases that have great influence in the whole country; To guide the work of local copyright administrative departments; Approve the establishment of copyright collective management institutions and foreign-related institutions, and supervise and guide their work; To administer the use of works for which the state enjoys copyright; Responsible for the foreign-related management of copyright; Undertake other copyright management work assigned by the State Council.
Provincial administrative organs refer to the copyright bureaus of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. The main duties of these administrative organs are to formulate copyright management measures in their respective administrative areas according to law, popularize legal knowledge of copyright, provide legal advice and services, train copyright administrative personnel, and mediate and handle copyright disputes.
Two. Social management of copyright
In China, the social management of copyright mainly refers to the comprehensive service and management of national copyright-related affairs, and its institution is China Copyright Protection Center. The center was established in Beijing in September, 1998. This is a comprehensive copyright social management and social service institution established by the state. The purpose of China Copyright Protection Center is to safeguard the author's copyright and the legitimate rights and interests of users and disseminators of works, encourage creation, prosper science and culture, and promote the development of copyright cause and copyright industry.
The subordinate institutions managed by the center include: China Copyright Agency, China Copyright Payment Center, China Computer Software Registration Center, Copyright Magazine, Copyright Appraisal Committee, Legal Department, Comprehensive Business Department, Liaison Office of the National Anti-Piracy Alliance (to be established), China Copyright Association of Literary Works, China Copyright Association of Photographic Art Works (to be established) and other departments.
China Copyright Royalty Collection and Transfer Center is a working institution designated by the National Copyright Administration to collect and transfer the statutory licensing remuneration. Its basic function is to collect and transfer the legal license remuneration according to the relevant provisions of the copyright law. At present, it is mainly to collect and transfer remuneration for works with unknown author's address after reprinting in newspapers and periodicals. The center will not accept or transfer the remuneration that is not legally permitted.
Three. Collective management of copyright
Collective management of copyright is an important means to implement copyright law, and it is a special activity for copyright owners to exercise copyright, facilitate others to use their works and protect copyright. The copyright collective management organization is a social organization specialized in such activities.
1. Relationship between copyright owner and copyright collective management organization
Internationally, there are two relationships between copyright owners and copyright collective management organizations, one is the transfer contract relationship, and the other is the trust contract relationship. The former is mostly adopted by common law countries, while the latter is mostly adopted by civil law countries. At present, the relationship between copyright collective management organizations and copyright owners in China belongs to trust relationship. Article 8 of China's Copyright Law stipulates: "Copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. After being authorized, the copyright collective management organization can claim rights for copyright owners and copyright-related rights holders in its own name, and can conduct litigation and arbitration activities involving copyright or copyright-related rights as a party. "
2. China Copyright Collective Management Organization
Recently, there are two collective copyright management institutions in China, one is China Music Copyright Owners Association, and the other is China Literature Copyright Association.
China Music Copyright Owners Association (hereinafter referred to as the Association) was established on 1992. Is sponsored by the National Copyright Administration, China Musicians Association and registered by the Ministry of Civil Affairs. It is the only collective management organization of music copyright in China at present, and it is a non-profit organization dedicated to safeguarding the legitimate rights and interests of composers, lyricists and other music copyright owners. It mainly manages the right to record, perform and broadcast music works.
The association has a membership system. The main contents of collective management of music copyright by "Association" include: the registration of music copyright owners and music works and file management; Collect royalties paid by users of music works according to law and issue licenses; Distribute royalties to music copyright owners according to the use of works; To make a legal statement on the infringement of music copyright; Designated by the National Copyright Administration, "Association" also undertakes the collection and transfer of royalties of legally authorized music works. In terms of international cooperation, CISAC joined the International Federation of Writers and Composers Associations (CISAC) in May 1994. Associations in CIS countries and regions signed mutual representation agreements. Associations (list of international writers, composers and publishers) and WWI (list of world works) made China's works enter the international recognition system. Once China's works are used overseas, their rights and interests can be protected.
With the approval of the National Copyright Administration, the Copyright Protection Center of China and the Rights Protection Committee of the Chinese Writers Association jointly established the Copyright Association of China Written Works. Association is a non-profit organization composed of copyright owners and copyright-related rights holders of all kinds of written works (including literature and art, science and technology, social sciences, etc.). ) voluntarily participate in it and * * * protect their copyright and related rights. At present, the association has nearly 1000 members, more than 20,000 rights to register various works, and nearly 200 users of various works.
In addition, China Copyright Protection Center is actively preparing for the establishment of a collective management agency for the copyright of fine arts and photographic works in China. The agency will accept the authorization of the copyright owners of art and photography works at home and abroad in the form of entrusted collective management and statutory collective management, and issue licenses to users on behalf of the copyright owners and collect remuneration for their use; Copyright trade and litigation agency will also be carried out in the form of copyright agency; Introduce art and photographic works to users; Contact users for copyright owners; Contact the copyright owner for users; Safeguard the legitimate rights and interests of the obligee; Establish a database of artistic and photographic works; Carry out online exhibition activities of artistic photography works, provide browsing and reading convenience for artistic photography lovers, and provide query services for users of works; Assist copyright owners to hold exhibitions of artistic and photographic works; Organize artists and photographers at home and abroad to carry out copyright business and copyright trade exchange activities.
Enterprise copyright management
Since the Copyright Law was promulgated 10 years ago, China has made remarkable achievements in copyright protection. However, due to the late start in China, the awareness of copyright protection is still backward, the phenomenon of infringement is serious, and it is difficult to implement the rights. Especially in recent years, with the gradual popularization of emerging media platforms such as the Internet, some new problems have arisen in copyright. Domestic enterprises need to further raise their awareness of copyright protection and do a good job in enterprise copyright management. [2]
1. Problems in enterprise copyright management.
The main problems existing in enterprise copyright management are as follows: First, they don't know much about the basic knowledge of copyright and related laws and regulations, and their awareness of copyright protection is weak; Second, there are no copyright management agencies, full-time and part-time personnel and related systems; Third, although the enterprise has relevant departments to develop and create works or entrust others to cooperate with others to develop and create works, the ownership of rights is unclear; Fourth, the copyright assets of enterprises have not been effectively managed and utilized, and the loss of intangible assets is more serious. Enterprises often realize the importance of enterprise copyright management after paying a heavy price.
2. The importance of enterprise copyright management.
To do a good job in enterprise copyright management, we must first establish a copyright management institution, equip full-time and part-time staff and formulate a series of copyright management systems. If an enterprise has an intellectual property department, it can be responsible for the daily management of enterprise copyright.
The contents of enterprise copyright management mainly include: ownership management of enterprise copyright; Contract management of copyright and neighboring rights; Copyright dispute management; Copyright management; Computer software copyright management, network copyright management and so on.
It is of great significance to do a good job in enterprise copyright management. First, it can prevent others from infringing the copyright of enterprises and safeguard the legitimate rights and interests of enterprises. Second, in the scientific research, development, production and business activities of enterprises, we should raise copyright awareness and avoid infringing on the copyright of others. Once infringement cases are involved, we can defend ourselves reasonably. Third, do a good job in copyright management, so that copyright can bring benefits to enterprises. Copyright industry is the driving force of economic development, and copyright contains great wealth. Copyright, as an intangible asset of an enterprise, can bring huge benefits to the enterprise.
What is the difference between a production company and a copyright company? 1, with different properties.
A production company is a company that pays to make movies into "special goods".
Copyright companies use money to buy the copyright of a certain field of "special goods" such as TV dramas, movies, science and education films, such as the production and distribution of audio-visual markets, or the copyright of overseas distribution.
2. Different working methods
The production company will mark on the back of the product package:
A- XXX company produces, B- XXX company manufactures/produces, and C- XXX company manufactures. The production of A here means that the relevant rights of the product belong to the company. The product is developed and designed by the company according to its original intention, but it is not necessarily produced by itself. Generally, item A is followed by item B. The companies of A and B may be different or the same. Item c will not be repeated here.
A copyright company is the legal owner of the right to copy computer programs, literary works, musical works, photos, movies and so on. Copyright is usually considered to belong to the author unless it is transferred to another party.
Most computer programs are not only protected by copyright, but also by software licenses. Copyright only protects the expression of ideas, not the ideas themselves. Algorithms, mathematical methods, techniques or machine designs are not protected by copyright.
Extended data:
Among the production companies, in addition to Penguin Film and Television, which relies on the platform, the film and television companies with outstanding performance in the online market can be roughly divided into three categories:
The first category is the head companies with early entry, large production scale and many explosions, including strange trees and strange fish, Meng Tao, new studio and Mei Ying handed down culture.
The second category is companies that produce a lot, but are relatively short of explosions, and their works are characterized by obvious typology, such as elite media, blue film and television, and Fanku culture.
The third category is small-scale companies driven by "explosions", such as film culture, perfect new construction, and Yule movies. This paper will take the above-mentioned 10 furniture representative enterprises as the research object, and sort out their online market battles last year.
Copyright assets are the core assets of news publishing, radio, film and television enterprises. Under the background of the supply-side structural reform of the country and accelerating the transformation of economic development mode, the Guide is an important driving force for copyright asset management from the official perspective, which plays an important role in promoting copyright assets to become high-quality assets of enterprises, helping enterprises gain competitive advantages and profitability through copyright asset management and operation, ensuring and improving the efficiency of state-owned copyright assets, and promoting innovation-driven development of enterprises.
Listen to thunder in a quiet place and see flowers in a colorless place. The publication of the Guide is like spring thunder awakening the sleeping copyright asset "treasure" and making it erupt in silence. It is believed that the management of copyright assets of press, publication, radio and television enterprises will be carried out in an all-round way under the guidance of the Guidelines, and the important role of copyright in building an innovative country will be continuously proved and highlighted in Ma Benteng's industrial development and prosperity.
Reference source:
People's Network-Make Copyright Assets Live
Reference source:
-Production
How can we make the authorized economy develop faster? To make the authorized economy develop faster, we can start from the following aspects:
1. Improve relevant policies and regulations. The government should introduce more standardized and transparent policies and regulations to ensure the stable development of the authorized economy.
2. Raise awareness of intellectual property protection. Encourage enterprises to strengthen intellectual property protection, protect their own intellectual property rights, and also improve the ability and credibility of attracting authorization from external enterprises.
3. Increase investment in innovation and intellectual property rights. By increasing the protection and support of intellectual property rights, the promotion of intellectual property rights to economic development will be improved.
Summarize the most advanced technologies, concepts and scenarios to attract more authorized partners.
4. Establish a diversified cooperation mechanism. Carry out extensive cooperation with all walks of life and give full play to their advantages in realizing resource sharing and optimizing resource allocation.
5. Strengthen information sharing and exchange. Use the Internet and other technical means to exchange information on an equal footing, establish an information sharing platform, and realize information exchange and data flow among authorized economies.
6. Build brand influence. Improve its own brand influence, strengthen brand marketing, attract more authorized partners, and create an authorized culture and brand value.
The development of authorized economy needs new ideas and models, the active participation of the government, enterprises and all sectors of society, and the establishment of relevant systems and mechanisms to ensure the virtuous circle of authorized economic ecosystem.