[Direct answer]The term of copyright protection is determined by the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021): For works created by natural persons, the protection period is the author's lifetime and the December 31st of the 50th year after his/her death; for collaborative works, the protection period ends on the December 31st of the 50th year after the death of the last surviving author. For works of legal persons or non-legal organizations, and works of authorship owned by legal persons, the protection period is the December 31st of the 50th year after publication. Works that are not published within 50 years are no longer protected. Personal rights such as the right of authorship, the right of modification, and the right to protect the integrity of the work are protected permanently. For applied art works, the protection period is the December 31st of the 25th year after their completion. For more details, please refer to the Copyright Law of the People's Republic of China.Intellectual property protection and corporate legal servicesAndBeijing Henglu Law Firm.

I. Problem background and typical scenarios

Intellectual works such as software code, articles, graphic designs, short video scripts, and corporate promotional materials are constantly being produced by almost every enterprise, but few people clarify "until which year my works can be protected". Typical scenarios include: a departing employee taking the original company's design drafts and claiming that he/she enjoys copyright; parties disagreeing on the ownership of rights and the duration of protection after collaborating on software development; enterprises using online images and fonts without knowing whether they are still within the protection period; and the blurred boundaries of reposting and commercial use of old photos and historical archives. The root cause of these problems lies in the rules for the commencement and termination of the protection period. Related risks can also be addressed in the drafting process.Business and contract dispute services for enterprisesThe relevant provisions stipulate that the ownership and duration of the lease should be agreed upon in advance.

II. Key points of contention

The disputes over the protection period often focus on four aspects. First, the starting point of calculation: natural persons' works are based on the "date of death", while legal persons and audiovisual works are based on the "date of publication". The rules for the two are different, and anonymous works and posthumous works are more likely to be confused. Second, the presumption of authorship and attribution: the person whose name is on the work is presumed to be the author, but there may be different agreements for legal persons' works, official works, and commissioned works, which affect the subject of the starting point of the protection period. Third, the determination of "publication": whether the work is made public and when it is first published directly determine the starting point of the 50-year protection period for legal persons' works and audiovisual works. Fourth, special types: there are detailed rules for practical art works, computer software, and photographic works, which are different from those for other types of works.Special services and other case servicesThe technical rights in the document overlap with each other, and it is necessary to check them one by one.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers have observed in intellectual property practice that disputes over the term of copyright protection often stem from "unclear identification of the subject and the type of work". One common scenario is commissioned creation: Party A pays Party B to design a work, but the parties do not sign a contract or the contract fails to specify the ownership of the copyright. Party B signs the work with his name, but later, Party A wants to commercially use the work and is accused of infringement by Party B. According to Article 19 of the Copyright Law, the copyright of a commissioned work belongs to the party specified in the contract. If there is no agreement, the copyright belongs to the party who commissioned the work. Therefore, Party A often only obtains the agreed-upon right of use rather than full copyright. Another type is the use of historical materials: Enterprises remake old posters and photos for commercial promotion. If the original work is still within the protection period and the personal rights are permanent, unauthorized removal of the signature or modification of the work may still constitute infringement. Henglue Lawyers suggest that before the start of the creation, a written agreement should be used to lock in the ownership, the method of signing the name, and the right of use after the expiration of the protection period, so as to eliminate disputes at the source.

IV. Practical suggestions and legal basis

At the legal basis level: Article 10 of the Copyright Law (effective June 1, 2021) distinguishes personal rights and property rights; Article 23 stipulates the protection period for various works, including natural persons' works for life plus 50 years after their death, legal persons or non-legal organizations' works, and audiovisual works for 50 years after publication, and photographic works and practical art works for 50 or 25 years; Article 24 stipulates the circumstances of fair use. Practical suggestions: First, enterprises should sign written contracts when outsourcing creative work or when employees create works in their official capacity, clearly defining the ownership of copyright, the method of attribution, and the scope of use; Second, before using third-party images, fonts, or music, verify the rights status and authorization chain, and retain the license contracts; Third, establish a works ledger, noting the completion date, publication date, and expiration date of rights; Fourth, before commercially using historical materials, evaluate whether they are still in the protection period and subject to personal rights restrictions. For related rights confirmation and protection, please refer to the relevant guidelines.Inheritance succession and family property division servicesThis article discusses the approach to handling works as legacies.

5. Henglu Law Firm's Reminder

The term of copyright protection may seem like a "numerical issue", but it actually involves ownership, authorship, and the boundaries of commercial use. Enterprises should prioritize copyright management: formalize the ownership of works created by employees and commissioned works through written agreements, track the rights expiration dates of key works through records, and use authorization reviews to prevent infringement risks from third-party materials. Although works that have entered the public domain can be freely used for commercial purposes, personal rights are still permanently protected, and authorship and integrity cannot be infringed. If you need support in determining the ownership of works, judging the expiration date of copyrights, or responding to infringement, you can visitIntellectual property protection and corporate legal servicesor to learn more about it.Creditor-debtor relations and enforcement case servicesThe path of seeking compensation for infringement-related profits.

VI. Frequently Asked Questions

Q1: Is the copyright protection period the author's lifetime and 50 years after their death?

For works to which natural persons enjoy copyright, this statement is generally correct. The accurate expression is "the author's lifetime and the December 31st of the 50th year after his/her death". It should be noted that the starting point is "the author's death", not the year the work was completed or published; the protection period for collaborative works extends to 50 years after the death of the last surviving author. In addition, the three personal rights of authorship, modification, and protection of the integrity of the work are not subject to time limits and are permanently protected. Even if the property rights enter the public domain, others are still not allowed to alter the authorship or distort the work. Therefore, "50 years after death" only refers to property rights such as reproduction, distribution, and dissemination on information networks, and does not mean that the work can be arbitrarily signed or altered.

Q2: How is the protection period for corporate works and works created in the course of official duties calculated? Are they the same?

It's not exactly the same. The key lies in the ownership of rights. For "legal person works" created by legal persons or non-legal organizations under their direction and on their behalf, and for which they assume responsibility, the protection period is until December 31 of the 50th year after publication; for ordinary works created by natural persons in their official capacity, the protection period still applies to the author's lifetime plus 50 years after his/her death. The core of the distinction lies in whether the work reflects the unit's will, whether the unit assumes responsibility, and whether there is a clear agreement between the two parties. In practice, enterprises often fail to sign written ownership agreements, resulting in works created by employees in their official capacity still being protected under the terms applicable to natural persons. It is recommended to clarify the ownership of works created in an official capacity and the protection period in employee handbooks, labor contracts, or project agreements to avoid difficulties in providing evidence in the future.

Q3: Do personal rights such as the right of authorship and the right of modification also have a protection period?

There is no time limit and it is permanently protected. According to the Copyright Law, copyright is divided into personal rights and property rights. Among them, the right of authorship, the right to modify, and the right to protect the integrity of the work belong to personal rights, which are not subject to protection periods. Even if the property rights have expired after 50 years and entered the public domain, no one may deprive the author of the right of authorship, modify the work without authorization, or make distorted use of it. This means that when enterprises use old works that have entered the public domain, they must still retain the original author's authorship and not tamper with the content, otherwise they may still infringe personal rights. In contrast, property rights such as the right of reproduction, the right of distribution, and the right of dissemination on information networks are subject to the time limit of "the author's lifetime plus 50 years" or "50 years after publication". After the expiration of the time limit, others can freely use the works for commercial purposes.

Q4: Is the protection period for software copyright also 50 years?

As computer software works, the protection period of software applies to the corresponding rules for natural persons or legal entities: for natural persons, the protection period of software copyright is for the lifetime of the natural person and 50 years after their death; for software of legal persons or non-legal organizations, the protection period is 50 years after publication, and for unpublished software, it is 50 years from the completion of development. It should be noted that software copyright includes the right of publication, the right of authorship, the right of modification, the right of reproduction, the right of distribution, the right of rental, etc., among which personal rights are also permanently protected. Unlike patents, software copyright automatically arises upon completion of development and does not require authorization review. However, registration can serve as preliminary proof of ownership and is more beneficial for defending rights. For enterprises that commission the development of software, it is essential to specify the ownership of the copyright in the contract to avoid the developer retaining rights and restricting the subsequent use and re-development by the client.

Q5: If the protection period of a work has expired, can I use it freely?

Property rights are allowed, but there are two boundaries that cannot be crossed. First, after the expiration of the protection period, property rights such as copying, distribution, and dissemination on information networks enter the public domain and can be freely used by others; however, the right of authorship, the right to modify, and the right to protect the integrity of the work will exist permanently. When using these rights, the original author's name must still be retained, and the content of the work must not be distorted or altered. Second, if others have made creative adaptations, arrangements, or compilations based on out-of-copyright works, the "derived works" themselves are protected by new copyright laws, and you cannot directly copy these derived works. In addition, although the property rights of some old works have expired, they may still be subject to other legal restrictions involving rights such as portraits, privacy, or trademarks. It is best to conduct a round of rights status verification before commercial use to avoid misusing versions that are still under protection or infringing personal rights.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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 Henglu Law Firm