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Can unfinished works be copyrighted?

Article source: China Judicial Documents network   Release time:2020-07-24 08:59:28  viewed:0time   

In the column:Industry information

    Q: My work is still under creation. Can I obtain copyright?

    Intellectual Property lawyer:

    1. Whether the unfinished work can be copyrighted

    According to the provisions of the Copyright Law, the completed part of an unfinished work is copyrighted and protected by the copyright Law. After the author completes the creation, obtains the copyright, and can resist the third party infringement activity. However, it is sometimes difficult to confirm that a work has been created. In general, the completion of a work means that the thoughts, feelings and opinions expressed by the author are expressed, known to people, and constitute a work in the sense of copyright law. Such finished works may be the whole or part of the author's planned creation plan. As long as an author's conception has been fully expressed in a certain form, even if it is a component part of his whole conception, it shall be regarded as the completion of creation at a certain stage and the right of creation shall be automatically acquired.

    Article 13 of the Copyright Law

    Where a work is created jointly by two or more persons, the copyright in the work shall be jointly enjoyed by the co-authors. A person who does not participate in the creation cannot become a co-author. Where a cooperative work may be used separately, the authors may independently enjoy copyright in the parts created by them, provided that the exercise of such copyright shall not infringe the copyright in the cooperative work as a whole.

    Materials to be submitted for copyright registration of general works

    1. Application form. Contents include: title, category, signature, date of completion, whether to publish, date and place of debut; Form of completion (solo, cooperation, commission, position, others); Information about authors and other copyright owners.

    2. Identity certificate of applicant (copy of id card provided by individual applicant, copy of business license provided by unit applicant, copy of ID card provided by creative personnel).

    3. Provide work samples (writing works shall be provided with creative manuscripts; Fine arts, photography works to provide photos; The engineering product design drawings shall provide three views, effect drawings or physical photos; VCD, etc.).

    4. Description of creative works.

    5. Choose to submit the cooperative work with the power of attorney of the cooperative author, the commission contract with the work or the exclusive right licensing contract according to the actual situation.

    According to the above terms, if it is an unfinished work, the completed part has copyright and can be protected by law. If your copyright has been infringed, you can consult the intellectual property lawyer of Shandong Changping Law Firm, senior professional lawyers can give you detailed answers.