First, how to define copyright?
Copyright, also known as copyright, is divided into personal rights and property rights of works. Among them, the connotation of the personality right of a work includes the right of public publication, the right of name and the right to prohibit others from using the work to damage the author's reputation by distorting or tampering. The property right of a work is an intangible property right based on human knowledge, so it belongs to a kind of intellectual property right, including the right of reproduction, public dictation, public broadcasting, public exhibition, public performance, public communication, public display, adaptation, distribution and rental.
Copyright should protect the expression of ideas, not the ideas themselves, because while protecting the property rights of works, this exclusive private property right, we should also consider the accumulation of human civilization and the dissemination of knowledge and information, so algorithms, mathematical methods, technology or machine design are not the objects of copyright protection.
Copyright is a time-limited right. After a certain period of time, the property right of the work will be invalid, but it belongs to the public domain and anyone can use it freely. During the copyright protection period, even without the author's consent, it can be used as long as it meets the requirements of "fair use". All these regulations are aimed at balancing the interests of the author and society for the further use of the work.
Difference between graphic copyright and trademark
Second, what are the essential elements of copyright?
Substantial conditions refer to the requirements of the law for works, and there are generally two standards. One criterion is that as long as a specific thought or emotion is endowed with a certain literary and artistic form, whether it is all or part of the work or the work has been fixed in a certain material form, it can be regarded as a work protected according to law. Another criterion is that in addition to the general conditions of a work, that is, it is expressed in a certain literary and artistic form, it is also required that this form be fixed through a material carrier in order to be protected by the copyright law. According to this standard, oral works and some improvisational dance, music and quyi works may be excluded from the protection scope of copyright law. Article 2 of the Berne Convention stipulates that it is up to each country to decide whether to provide copyright protection for works with fixed intangible carriers. China's copyright law adopts the first standard. Oral works can be protected by copyright law. Therefore, the so-called substantive conditions mean that the production of literary and artistic works is the only legal fact that the law obtains copyright.
Third, the difference between graphic copyright and trademark
1, the original right has different ways.
Copyright: Copyright in China, like most other countries, comes into being automatically after the author's works are created, without the approval of any competent authority.
Trademark: China implements the principle of prior registration, and only after the first application for registration and approval by the competent authority can the exclusive right to use a trademark be obtained.
2. The purpose of protection is different.
Copyright: Copyright protects literary, artistic and scientific works and their related rights and interests. Its purpose is to encourage the creation and dissemination of works beneficial to society and promote the development and prosperity of socialist culture and science.
Trademark: a trademark protected by trademark right is a symbol with distinctive characteristics that distinguish the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, thus protecting the interests of consumers and promoting the development of socialist commodity economy and fair competition.