1. After the death of the author, the right of signature, modification and protection of the integrity of the work in his copyright shall be protected by the author's heir or legatee.
2. After the death of a citizen, his rights shall be transferred in accordance with the provisions of the Inheritance Law within the protection period stipulated by the Copyright Law.
3. After the death of one of the co-authors, if his rights are not inherited or bequeathed, the other co-authors shall enjoy them.
4. If the author did not explicitly say that he would not publish unpublished works before his death, his right to publish may be exercised by his successor or legatee within 50 years after his death; If there is no heir or legatee, it shall be exercised by the owner of the original work.
2. How many years is the copyright valid?
Copyright includes personal rights and property rights, so there are different legal provisions on their duration of protection.
The right of signature, the right of modification and the right to protect the integrity of a work are rights related to a specific person and will not disappear because of a person's death. Therefore, they are permanently protected by law, and there is no time limit. The protection period of the right of publication is special, which is the same as the protection period of property rights in copyright.
The term of protection of copyright property rights is stipulated as follows according to the nature of the work and the subject of copyright.
1. Time limit for the author to become a citizen
The protection period is the author's life and fifty years after his death, ending on1February 3 1 day of the fiftieth year after his death; If it is a cooperative work, it ends on1February 3 1 day in the fiftieth year after the death of the last deceased author.
2. The authors are legal persons and other organizations.
The protection period is fifty years, ending on1February 3 1 day in the fiftieth year after the first publication of the work; However, if the work is not published within 50 years after creation, the copyright law will no longer protect it.
2. The duration of the special project
The term of protection of cinematographic works, works created by similar photography methods and photographic works is fifty years, ending on1February 3 1 day in the fiftieth 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.
Third, copyright protection? main body
The main body of copyright protection in China generally has the following types:
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, unincorporated units.
A work presided over by an unincorporated entity and created on behalf of the will of the unincorporated entity and undertaken by the unincorporated entity 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 nationalized some works.