[Direct answer]In the Beijing area, the protection period for a work is calculated from the date of its first publication. For works created by legal persons or other organizations and regarded as the authors' works, the protection period for the right of publication and property rights is 50 years, ending on December 31 of the 50th year after the work's first publication; however, if the work is not published within 50 years after its creation, the law will no longer provide protection. In contrast, the protection period for the right of publication and property rights of natural persons' works is the author's lifetime and 50 years after his/her death. In addition, some personal rights of the author, such as the right to be named as the author, the right to make amendments, and the right to protect the integrity of the work, are not subject to the protection period. Therefore, when calculating the protection period, we should first determine the nature of the work and the ownership of the rights, and then refer to the corresponding rules to start the calculation. In practice, particular attention should be paid to the preservation of evidence of the first publication time.

I. Problem background and typical scenarios

Companies often claim copyrights for their promotional materials, software, promotional videos, and internal documents, but when it comes to infringement comparisons or defending their rights, they often find that they don't even know how to calculate the protection period. The protection periods for legal person works and natural person works are different, and the starting points are also different. Confusion can lead to misjudgments. When handling similar cases in Beijing, the court will determine the protection period based on the nature of the work, the ownership of the rights, and the evidence of publication, and then determine whether the alleged infringing acts occurred within the protection period.

II. Key points of contention

First, the nature of the work: whether it is a legal person's work, a work created in the course of employment, or a natural person's work. Second, the ownership of rights: whether the copyright is held by the legal person or by the individual creator. Third, the starting point: whether it is based on the completion of the creation or the first publication. Fourth, personal rights: which rights are not subject to the limitation of the protection period.

III. Professional analysis by Henglue Law Firm

The calculation of the protection period for works created by legal persons presupposes first clarifying the legal nature of the works and the ownership of rights. When handling such matters, Henglue Lawyers usually first review the formation background and ownership agreements of the works: works created by legal persons under their direction, representing their will, and for which the legal persons assume responsibility are considered to be created by the legal persons themselves; while the ownership of rights to general works may be subject to other arrangements, which need to be determined based on contracts and the circumstances of creation. After determining the nature of the works, the corresponding protection period rules are applied: the right of publication and the protection period for property rights of works created by legal persons are 50 years, starting from the date of the first publication and ending on December 31 of the 50th year; if the works are not published within 50 years after their creation, they will no longer be protected. Here, "first publication" is the key point for calculation, so it is very important for right holders to preserve evidence that can prove the time of publication, such as records with time stamps of publication, release, public display, or distribution. It should be noted that some personal rights, such as the right of authorship, the right to modify, and the right to protect the integrity of the work, are not subject to time limits for protection. Even if the property rights have expired, right holders can still claim rights regarding issues such as authorship. In addition, if the works are infringed during the protection period, right holders can claim cessation of infringement and compensation for losses, but for works created by legal persons that have exceeded the protection period, they generally cannot claim compensation anymore and can only seek remedies through other legal channels, such as anti-unfair competition. Therefore, when managing and protecting works, enterprises should establish archives of ownership and publication time to avoid affecting the determination of the protection period due to insufficient evidence.

IV. Practical suggestions and legal basis

The first step is to clarify the nature of the work and the ownership of rights, distinguishing between works created by legal persons, works created in the course of employment, and works created by natural persons. The second step is to secure evidence that can prove the time of first publication, such as publications, release records, and materials displayed publicly. The third step is to calculate the protection period according to the corresponding rules and determine whether the alleged infringing acts occurred within the protection period. The fourth step is to establish the ownership of the work and the publication archives, and, if necessary, clarify the ownership of rights and the scope of use through contracts. Main legal basis: The provisions of the Copyright Law of the People's Republic of China regarding the ownership of rights to works created by legal persons and works created in the course of employment, and the protection period of 50 years from the first publication; the provisions regarding the protection period of 50 years after the death of the author for works created by natural persons; and the relevant provisions on the protection of personal rights such as the right of authorship. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

During the protection period of an algorithm creator's work, remember one starting point: if it is first published, the protection period is 50 years; if it is not published within 50 years, it will no longer be protected. In the Beijing area, to protect one's rights, it is necessary to first prove the time of publication. For issues involving intellectual property protection, you can seek help through the following channels:Intellectual property protection and corporate lawThe service provides a comprehensive solution, which involves the integration of work permits and contractsBusiness and contract disputes in enterprisesFor plates involving infringement compensation and enforcement, you can refer to the following for referenceCreditor's rights and debts, and enforcementFor inquiries about the column, which covers enterprise performance management, please feel free to contact us.Real estate transactions and construction projectsFor teams involved in cross-border authorizations, they can learn more about it here\nFinancial capital and cross-border transactions involving foreign entitiesService.

VI. Frequently Asked Questions

Q1: How long is the protection period for works created by legal entities?

The protection period for the right of publication and property rights is 50 years, ending on December 31 of the 50th year after the work is first published.

Q2: When does it start counting from?

It is calculated from the date of the first publication of the work. If the work is not published within fifty years after its completion, it will no longer be protected by copyright law.

Q3: Is it the same as works created by natural persons?

It's different. The term of protection for the publication right and property rights of natural persons' works is the author's lifetime and 50 years after his/her death, and the starting point is different from that of legal persons' works.

Q4: Does the right of authorship also expire?

The protection of certain personal rights, such as the right of authorship, is not subject to time limits. Even if the property rights have expired, one can still assert rights regarding the issue of authorship.

Q5: How to prove the publication time?

Use evidence with time information, such as available publications, release records, public display materials, and distribution certificates, to fix the time of the first publication, and make sure to archive them properly.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.