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Write a summary of how to obtain copyright-the method of obtaining copyright.
What are the ways to obtain copyright? (1) Registration acquisition system. Registration acquisition, also known as registration acquisition, refers to the principle that registration is the condition for obtaining copyright, and copyright can only be produced after registration, also known as "form".

(2) Automatic acquisition system. Automatic acquisition of copyright means that when a work is created, the author automatically acquires the copyright of the work because of the creation, without going through other procedures. This method of obtaining copyright is called "irregularity" and "automatic protectionism".

Article 2 of China's Copyright Law stipulates: "The works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law." That is, "copyright comes into being from the date when the work is created and is protected by copyright law." Works of foreigners first published in China shall enjoy copyright in accordance with this Law. Works published by foreigners outside China enjoy copyright according to the agreement signed between the country to which they belong and China or the international treaties to which * * * is a party, and are protected by the copyright law of China.

The way to obtain copyright is subjective in law:

First, the way to obtain property rights

1. Obtaining property rights based on civil legal acts, including contracts and unilateral acts.

2. Obtaining property rights due to legal facts other than civil legal acts, including production, natural fruits, prescription, preemption, picking up lost property, finding buried objects, loss of objects, confusion, handling, sealing up, expiration of legal period, etc.

3. Obtaining property rights due to acts in public law, such as court enforcement, expropriation and confiscation.

Second, what is the principle of real right change?

1, publicity principle

It refers to the principle that the change of real right can only produce corresponding legal effect through legal publicity. Real right has absolute exclusive effect, and its change must be characterized by external recognition, so as to make its legal relationship transparent, reduce transaction costs, avoid damage to third parties and protect transaction security. This externally recognizable representation is the publicity method of property right change. Registration is the way to publicize the change of real property right, and delivery is the way to publicize the change of real property right of movable property.

2, the principle of public trust

It means that the change of real right is publicized in a legal way, which has the correct effect of making ordinary people trust. Even if the real right status of publicity is inconsistent with its real right status, the law still recognizes the same legal effect for those who trust the real right represented by publicity and those who trade in real right. The principle of public trust endows the publicity of property rights with absolute effect, protects the bona fide third party who trusts the publicity of property rights, and maintains the safety and speed of transactions. However, the principle of public trust only applies to the transaction relationship between the registered nominal person and the third party, not to the relationship between the registered nominal person and the real obligee. Between the registered nominal person and the real obligee, the real obligee can prove the legitimacy of his property right according to the factual standard. At this point, the emergence of rights does not represent real rights. However, when the registered name makes a transaction with a third party, the third party can obtain the property right in good faith, and the property right holder can only claim damages from the registered name. Because the real right of real estate is not disclosed to the public in an objective and external form, it cannot be protected by law, and the bona fide third party is not at fault and should be protected by the principle of public trust.

3. What are the ways to change property rights?

1, meaning of creditor's rights

Creditor's rights doctrine refers to the legal recognition that the expression of the will of the parties directly causes the change of property rights in the creditor's rights law. As stipulated in Article 1583 of the French Civil Code, the real right changes with the expression of the parties' will. Fifty years after the implementation of the Code, the Law on the Registration of Real Estate promulgated by 1855 stipulates that the change of real right shall not be opposed to a third party without registration. This legislative style regards the registration of real estate as an antagonistic effect and only aims at real estate.

Step 2 register for confrontation

/kloc-At the end of 0/9th century, Japan drew lessons from the French practice when formulating the civil code, and further explicitly extended the real estate registration to the movable property field. Article 176 of the Japanese Civil Code stipulates that the change of real right takes effect when the parties agree. Article 178 stipulates that immovable property shall not be registered, movable property shall not be delivered, and it shall not be against a third party.

3. Publicity essentials.

That is, creditor's rights formalism. The typical model is the Austrian real right change model. When the real right is changed due to legal acts, in addition to the agreement of creditor's rights, it needs to be registered or delivered by the parties through legal means, that is, publicity, before it can take effect. For example, Article 188 of the Korean Civil Code stipulates that "at the time of real estate, the acquisition, loss and change of real estate rights based on legal acts will not take effect unless they are registered. As for the assignment of the real right of movable property, it will not take effect unless the movable property is delivered. "

4. Formalism of real right

The mode of real right change in German law takes the expression of real right intention as its essence and registration or delivery as its external form. From the legislative mode, the meaning of creditor's rights is the basis of the change of real rights, which leads to the drawback of unclear division between real rights and creditor's rights, and also leads to the problem of unclear division of the nature of the two rights. The German method is ideal. This theory is also called "the non-causation of real right behavior", that is, the establishment and effectiveness of real right behavior are not affected by creditor's rights behavior and have the characteristics of non-causation. In the market economy, the most common way to obtain real right is to obtain real right based on contract, which is called the change of real right based on legal act.

Legal objectivity:

Article 10 (15) of the Copyright Law refers to the right to translate a work from one language into another; (16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement; (seventeen) other rights that should be enjoyed by the copyright owner. The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law. The copyright owner may, in accordance with the agreement or the relevant provisions of this law, transfer all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration.

What should be paid attention to in the literature review of the paper? Literature should be collected as completely as possible. Mastering a large number of comprehensive documents is the premise of writing a good summary, otherwise it is impossible to write a summary by collecting a little information casually.

3. Pay attention to the representativeness, reliability and scientificity of the cited documents. There may be similar views in the collected documents, and the reliability and scientificity of some documents are not the same, so we should pay attention to choosing representative, reliable and scientific documents when quoting documents.

3. Cite documents faithfully. Because the literature review has the author's own comments and analysis, it is necessary to distinguish the author's point of view from the content of the literature when writing, and not to tamper with the content of the literature. There are not many references. Literature review writers sometimes see the phenomenon of quoting indirect literature. If the author quotes other people's references, it is better not to quote them indirectly.

4. References cannot be omitted. Some scientific research papers can omit references, but the literature review must not be omitted, and it should be the literature cited in the paper, which can reflect the whole theme and the author can read it directly.

5. Don't make a long summary. Magazine editorial departments generally have a certain number of words to review manuscripts. When the author writes a summary for the first time, he often doesn't pay attention to this point, which leads to more empty talk and rhetoric, and the focus is not prominent. The summary should generally not exceed 4000 words. Summary is not a simple literature list, but must be summarized by the author himself. Some comments just list the literature, which looks like a running account, without the author's own synthesis and analysis, which makes people feel repetitive and puzzling after reading, and the materials and comments are in harmony.