Last year, a copyright dispute between the singer of Sodagreen, Wu Tsing-Fong and his former broker, Lin Wei-Zhe. Recently, Intellectual Property court ruled Lin Wei-Zhe lost. Wu Tsing-Fong didn't infringe upon the property rights of the works or breach of contract.
Obviously it was a song written by oneself, why was it accused of copyright infringement? How can this be avoided? Let us understand the copyright together.
There are two types of copyrights: economic rights and moral rights.
And the ownership of the creation is determined according to the content of the contract. When signing a work authorization contract, it is necessary to pay attention to the use of authorization, area, period, scope and royalty in the content of the contract, in order to avoid future disputes.
The current copyright law adopts the principles of creative protection. The author have the copyright when the creation is completed. To apply for work registration as a right acquisition requirement is unnecessary. However, the copyright owner should burden of proof in case of copyright infringement. The following matters must be proved in the lawsuit: 1. Proof of author, 2. Proof of completion time, 3. Proof of independent creation. Therefore, the fastest way to protect the copyright is to make a copyright declaration right after completing the creation.
This can obtain a more credible time certificate, which is convenient for proof when infringement disputes and damage compensation are encountered in the future. At the same time, it can also clarify the ownership of rights and protect the economic interests of right holders.
左右滑動看表格| The role of copyright registration | |
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Propaganda |
You can promote your creations to the society. |
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Protection |
A powerful weapon for claiming rights, and is also a prerequisite for bringing a lawsuit to the court and requesting judicial protection. |
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Value-added |
It is beneficial to the licensing and transfer of creations and software, to the spread of creations and software and the realization of economic value. |
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Welfare |
Enterprise application is a prerequisite for double soft certification and high-tech enterprise certification. This can enjoy preferential tax policies of the state. |
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Honor |
The embodiment of personal self-worth and the innovation strength of enterprises. |
At present, the awareness of the protection of intellectual property is gradually increasing. When conducting commercial authorization, it is usually required to provide corresponding documents and information to prove whether the right is really exists. Gold Keen recommends that creators should ask professional intellectual property agents for assistance when facing intellectual property issues such as copyright and trademark rights. So as to avoid subsequent disputes, reduce economic interests and even damage their reputation.
