Copyright Protection: Two sides of a coin

Two sides of a coin



Judge Li

Copyright is not a single right, but a set of exclusive rights.

Like two sides of a coin, the copyright can be divided into two parts that are inextricably interlinked: moral rights and exploitation right.

  1. Moral rights.

The work is the author’s brainchild.

This right is a reflection of close and inseparable link for an author to his work, includes the right of publication, the right of authorship, the right of alternation, the right of integrity, etc.

This right is sometimes likened to a father-child relationship.

  1. Exploitation right.

Exploitation rights enable the author to market his work and derive earnings from this.

This right can also be divided into two parts:

The right in material form: the right of reproduction, the right of distribution, the right of exhibition, etc.

The right in non-material form: the right of broadcasting, the right of performance, etc.

For example, according to the Article 10 of the Copyright Law of PRC (1990), the term "copyright" shall include the following personality rights and property rights:

(1) The right of publication, that is, the right to decide whether to make a work available to the public;

(2) The right of authorship, that is, the right to claim authorship and to have the author's name mentioned in connection with the work;

(3) The right of alteration, that is, the right to alter or authorize others to alter one's work;

(4) The right of integrity, that is, the right to protect one's work against distortion and mutilation;

(5) The right of exploitation and the right to remuneration, that is, the right of exploiting one's work by reproduction, live performance, broadcasting, exhibition, distribution, making cinematographic, television or video production, adaptation, translation, annotation, compilation and the like, and the right of authorizing others to exploit one's work by the above-mentioned means and of receiving remuneration therefore.