Can a publisher refuse to pay royalties because there is no written agreement?

Remuneration is an important economic right of the author. It is a material compensation for the author's creative labor. It is an important economic right enjoyed by the copyright holder and cannot be deprived of it by anyone at will. Can a publisher refuse to pay royalties because there is no written agreement? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

Can a publisher refuse to pay royalties because there is no written agreement

The publisher cannot refuse to pay royalties without a written agreement. The publishing contract agreed between the publisher and the copyright owner is not limited to written form. Oral contracts are also allowed. Therefore, as long as the copyright owner does not explicitly agree to waive the royalties, the publisher cannot refuse to pay the royalties because there is no written agreement.

For relevant laws, please refer to:

Article 24 of the "Copyright Law of the People's Republic of China" The use of other people's works shall be subject to the same The copyright owner enters into a licensing contract, except where permission is not required as provided in this Law.

The license contract includes the following main contents:

(1) Types of licensed rights;

(2) The right to use is exclusive or non-exclusive

(3) Geographical scope and period of licensed use;

(4) Remuneration standards and methods;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

"Copyright Law of the People's Republic of China" Article 10 Copyright includes the following personal rights and property rights:

( 1) The right of publication, that is, the right to decide whether the work will be made public;

(2) Right of signature, that is, the right to indicate the identity of the author and sign the work;

(3) Right of modification, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

(5) Right of reproduction, that is, making one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, reproducing, etc. rights;

(6) Distribution rights, namely The right to make originals or copies of works available to the public by sale or donation;

(7) Rental rights, that is, the right to license others to temporarily use film works, works created by methods similar to filmmaking, and computer software for a fee, unless computer software is not the main subject of the lease;

(8) Exhibition rights, that is, public display of original works of art and photography or the right to make copies;

(9) Performance rights , that is, the right to publicly perform works and publicly broadcast the performances of works by various means;

(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;

(11) Broadcasting rights, that is, public broadcasting or dissemination by wireless means Works, the right to disseminate broadcast works to the public by cable transmission or rebroadcasting, and the right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;

(12) Information network dissemination right, that is, providing works to the public through wired or wireless means, The right to make the work available to the public at a time and place of their own choosing;

(13) Filming right, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie;

(14) Adaptation right, that is, the right to change the work and create an original new work;

(15) Translation rights, that is, converting works from one language into another The right to a written language;

(16) The right of compilation is the right to assemble works or fragments of works into new works by selecting or arranging them;

(17) Other rights that should be enjoyed by the copyright owner.

The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph and receive remuneration in accordance with the agreement or the relevant provisions of this law. .

The copyright owner may transfer the first paragraph of this article in whole or in part The rights specified in Items (5) to (17), and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

Article 29 Book publishers shall publish books Enter into a publishing contract with the copyright owner and pay remuneration.

If you have any questions, the Legal Savior Network also provides Lawyer online consultation service, you are welcome to have legal consultation.