Article 4 of the Copyright Law stipulates that works whose publication and dissemination are prohibited according to law are not protected by this Law. Among them, "according to law" refers to the provisions of Article 200 of Chapter 8 of the Constitution, laws, administrative regulations and other copyright laws of radio, film and television works; Among them, "works prohibited from publication and dissemination" refers to works that contain contents prohibited by law and are explicitly prohibited by government departments. The "prohibition" here must be strictly understood. Works rejected by the media because of inappropriate content do not belong to this category. Movies and TV plays have not been censored, passed or "banned" and should be protected by copyright law.
2. Documents of a legislative, administrative and judicial nature.
Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations are not protected by copyright law. Its purpose is to spread these works as widely and smoothly as possible, so as to facilitate public use, standardize citizens' social behavior and maintain normal social order. Current affairs news. Refers to the simple factual news reported by newspapers, periodicals, radio stations, television stations and other media. Because of the lack of originality, it needs to spread quickly around the world, so it is not protected by copyright law. But if the author's idea or image description is integrated into news content, such as news summary, news commentary, reportage and so on. , should be protected by copyright law.
3. Calendars, general tables, general tables and formulas.
This kind of works usually have no creative characteristics or only social common sense characteristics, and belong to the spiritual wealth of human beings to transform nature and society, and cannot be exclusive to anyone, so they are not protected by copyright law.
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 entity, created on behalf of the unincorporated entity and undertaken by the unincorporated entity is 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.
Although the object of copyright is works, not all works can be protected by copyright law, so works are required to meet the conditions stipulated by copyright law. Copyright protection includes national treatment principle, country of origin treatment and third country treatment. As for the creation of copyright, it is automatic, there is no application, only registration procedures.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 14 of the Copyright Law of People's Republic of China (PRC): (1) Laws, administrative regulations, judicial documents and other public government documents; (2) News reports; (3) Common sense works discovered daily; (4) Simple written works, symbolic works and graphic works.