For book publishing, the publisher shall sign a written contract with the Copyright owner, and the contract shall specify the time limit, quantity, quality and remuneration payable for the books published by the publisher. Article 29 of the Copyright Law stipulates: Book publishers who publish books must enter into a publishing contract with the copyright holder and pay remuneration. "If a publisher fails to publish a book within the time limit stipulated in the contract, he shall bear liability for breach of contract and compensate the copyright owner for the losses suffered thereby. Paragraph 2 of Article 31 of the Copyright Law stipulates: A book publisher fails to publish a book within the time limit stipulated in the contract , shall bear civil liability in accordance with Article 53 of this Law." If the work cannot be published due to the publisher's fault, unless otherwise agreed in the publishing contract, the publisher shall pay 60% of the remuneration agreed upon in the contract for breach of contract. gold. The publisher obtains the exclusive right to publish in the contract and obtains two rights, personal rights and property rights, in the dissemination of the work. Personal rights means that the publisher obtains the right to sign the publication. Property rights include the following two types: 1. , The publisher has the right to use the format. Publishing the same work is not allowed to plagiarize or use other people's book formats, otherwise it will constitute an infringement of others' exclusive right to use the format; 2. The publisher has the exclusive right to use the binding design. Book publishers have the exclusive right to use the layout and binding designs of the books, newspapers, and magazines they publish. Publishers of other books, newspapers, and magazines are not allowed to plagiarize or adopt other people's binding designs, otherwise it will constitute infringement of other people's rights to the binding designs. Exclusive right to use. Article 35 of the "Copyright Law" stipulates: Publishers have the right to permit or prohibit others from using the layout design of published books and periodicals." The protection period of the layout design is ten years, ending after the first publication. to December 31st of the tenth year. When a book publisher receives a manuscript submitted by the copyright owner, it must issue a notice of use or non-use to the copyright owner within six months. If it fails to use or notify the copyright owner within six months, the copyright owner has the right to claim back the work and require the publisher to compensation. After the publisher publishes the copyright owner's work, he should pay the copyright owner a remuneration - royalties. The payment of royalties reflects that the copyright owner should enjoy a certain proportion of the profits derived from the use of the copyright owner's works. The general royalty rate is 6% to 15%, and some may be 20%. The calculation formula is: the pricing of the publication × Royalty rate × Number of copies sold. Paying remuneration to copyright owners in the form of royalties is a common payment method in the world. The book publisher may modify or delete the work with the author's permission. When a book publisher publishes a work resulting from the adaptation, translation, annotation, arrangement, or compilation of an existing work, he or she must obtain permission from the copyright owner of the adapted, translated, annotated, organized, or compiled work and the copyright owner of the original work, and pay remuneration. If a book publisher reprints or republishes a work, it must notify the copyright owner and pay remuneration. If the book is out of stock and the publisher refuses to reprint or republish it, the copyright owner has the right to terminate the contract.
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Rights and obligations of book publishers and copyright owners
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