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Does the copyright of the song belong to the singer or composer?
Copyright refers to the rights enjoyed by authors of literary, artistic and scientific works (including property rights and personal rights). There are two ways to obtain copyright: automatic acquisition and registration acquisition. In China, according to the copyright law, works automatically enjoy copyright after completion. The so-called completion is relative, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected by copyright law as a work. Theoretically, according to different properties, copyright can be divided into copyright and neighboring rights. Simply put, copyright is aimed at people who create related spiritual products, while the concept of neighboring rights is aimed at participants in related industries who perform or help spread the carrier of works, such as performers, producers of audio-visual products, radio and television stations, publishing houses and so on.
What are the contents of copyright?
Copyright includes: personal rights and property rights of works.
Personal rights of works: also known as spiritual rights, refer to all kinds of rights that the author enjoys for his works, which are related to or inseparable from the person and have no direct property content. The author enjoys the personal rights of the work for life, and there is no time limit. After the death of the author, the personal rights of his works can be protected by his heirs, legatees or state copyright protection organs according to law. It is generally believed that it is non-transferable, inalienable and non-inheritable.
Property right of works: also known as economic rights, is the symmetry of personal rights of works, and refers to the right of authors and communicators to use works in some form, so as to obtain economic remuneration according to law.
Legal basis: Article 11 of the Copyright Law of People's Republic of China (PRC) belongs to the author, unless otherwise stipulated in this Law. The natural person who creates a work is the author. A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author.
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