Duration of copyright protection:
1. For a citizen's work, the protection period of the publishing right and the property right of the work is 50 years before and after the author's death, ending at 65438+February 3 1 in the 50th year after the author's death. For example, A created a work on1March 4, 980, but it was not published. If A dies on June 10, 2000, the protection period of the publishing right and the property right of the work shall be from March 4, 2000 to June 36438+02, 2050.
2. For the works of legal persons or other organizations, as well as the job works whose copyright (except the right of signature) is enjoyed by legal persons or other organizations, the protection period of the publishing right and the property right of the works is 50 years, generally from the first publication of the works to 65438+February 3 1 day in the 50th year after the first publication of the works. However, if the work is not published within 50 years after creation, the copyright law will no longer protect it.
3. The term of protection of the publishing rights and property rights of film works, works created by similar photographic methods and photographic works is 50 years, ending at 65438+February 3 1 in the 50th year after the first publication of the works. However, if the work is not published within 50 years after the creation is completed, its copyright will no longer be protected.
4. The term of protection of the right to publish a cooperative work and the property right of the work is 50 years after the author's death, and ends at 65438+February 3 1 50 years after the death of the last deceased author. For example, A and B created a work on1March 4th, 980. If A died in 1, 1990, and B died in 2000 10/0, the publication right and copyright protection period of the work will start from 1980.
5. For works with unknown authors, the copyright protection period is 50 years, ending at 65438+February 3 1 day in the 50th year after the first publication of the works.
Second, the subject of copyright.
Copyright protection is divided into general subject and special subject: the subject of copyright is generally the author, that is, the person who directly creates the work.
1, citizen. Citizens who create works are authors and can become the subject of copyright according to law;
2. Legal person. A work presided over by a legal person, created on behalf of the legal person's will, and undertaken by a legal person unit is regarded as the author;
3. A work hosted by an unincorporated unit, created by a representative of the unincorporated unit and assumed by the unincorporated unit, shall be regarded as the author;
4. foreigners. The works of foreigners are first published in China and enjoy copyright according to law;
5. country.
(1) The state accepts the copyright of the work bequeathed by the late writer;
(2) There is no author or unknown author of ancient works;
(3) The state nationalizes some works;
(4) After the change or termination of a legal person or entity without legal personality, there is no legal person or entity without legal personality to undertake its rights and obligations within the protection period. Under special circumstances, the copyright owners of cooperative works, edited works, professional works, commissioned works, deductive works, film works and works created by similar cinematography methods shall be determined according to law.
Third, the object of copyright.
(1) written works. Written works refer to works that express the author's feelings and thoughts in the form of language or other symbols equivalent to language.
(2) oral works. Oral works refer to works created in oral language and not fixed by any material carrier, such as speeches, lectures, court debates, speeches and sermons.
(3) Music, drama, folk art, dance and acrobatic works.
1. Musical works: Musical works refer to works that can be sung or played in combination with melody rhythm and chorus, and express the author's thoughts with music scores or lyrics, such as folk songs, pop songs, symphonies, strings, jazz, percussion, etc.
2. Dramatic and Quyi works: Dramatic works refer not to a complete drama, but to the script that performs it. The Berne Convention also defines drama as drama.
3. Dance works: Dance works refer to the action design and program arrangement of dance, which can be recorded in words or other ways.
4. Acrobatic works of art: According to the regulations for the implementation of the Copyright Law, acrobatic works of art refer to acrobatics, magic, circus and other works expressed through body movements and skills, which are embodied in the forms of driving skills, pedaling skills, hand skills, top skills, rope walking, trapeze, folk acrobatics and so on.
(4) Works of fine arts and architecture. Art works refer to painting, calligraphy, sculpture, etc. , a plane or three-dimensional plastic art work with aesthetic significance composed of lines, colors or other forms, or composed of other forms.
(5) photographic works. Photographic works refer to artistic works that reproduce the image of objective objects on photosensitive materials by means of photographic equipment and reasonable application of optical and chemical principles.
(6) cinematographic works and works created by similar cinematographic methods. Film works and works created by methods similar to movies refer to works shot on a certain recording medium, consisting of a series of audio or silent pictures, and projected and played through appropriate devices.
(seven) engineering design, product design drawings, maps, schematic diagrams and other graphic works and model works. Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps, schematic diagrams and other works that reflect geographical phenomena and explain the principle or structure of things.
(8) Computer software. Computer software refers to computer programs and related documents. A computer program refers to a set of coded instructions executed by a computer in order to obtain a certain result, or a set of symbolic instructions or symbolic statements that can be automatically converted into coded instructions.
(9) Other works as prescribed by laws and administrative regulations. This is an elastic clause. With the development of technology and culture, some new forms of works may appear in the future. This provision can maintain the stability and flexibility of the law for a long time.
(10) Folk literary and artistic works. The range of folk literature and art works is very wide, including stories, legends, fables, chronicles, myths, narrative poems, dances, music, plastic arts and architectural arts. Folk literature and art have the characteristics of being handed down from generation to generation, and often there is no fixed tangible carrier or clear author. The protection measures shall be formulated separately by the State Council under the authorization of copyright law.
According to the law, we can know that the protection period of publication right and property right of citizens' works is 50 years before and after the author's death, and ends at 65438+February 3 1 in the 50th year after the author's death. The above is the relevant knowledge about the period after the death of copyright.