The rights and obligations of book publishers and copyright owners in publishing contracts
Publisher’s rights: The publisher has the right to Agree to publish a book.
1. The publisher has the right to use the format. Publication of the same work must not plagiarize or use the format of others' books, 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 others' binding designs, otherwise it will constitute an infringement of others' exclusive right to use the binding designs.
Article 35 of the Copyright Law stipulates: "The publisher has the right to license or prohibit others from using the layout design of published books and journals."
Publisher’s obligations:
The publisher should sign a written contract with the copyright owner, and the contract should specify the time limit, quantity, quality and remuneration payable for the publisher's published books.
Article 29 of the Copyright Law stipulates: “A book publisher shall publish a book Enter into a publishing contract with the copyright owner and pay remuneration. ”
The publisher does not publish the book within the time limit agreed in the contract , shall bear liability for breach of contract and compensate the copyright owner for the losses suffered thereby.
Article 31, Paragraph 2, of the Copyright Law stipulates: “A book publisher who fails to publish within the time limit stipulated in the contract shall bear civil liability in accordance with Article 53 of this Law. ”
Rights and obligations of copyright holders
Rights: The copyright owner has the right to collect remuneration from the publisher.
Obligations:
Need to submit as agreed.
《 Article 30 of the Copyright Law: A book publisher who publishes a book shall enter into a publishing contract with the copyright owner and pay remuneration.
Article 31: The exclusive publishing rights enjoyed by book publishers in accordance with the contract for works delivered for publication by the copyright owner are protected by law, and others are not allowed to publish the works.
Article 32 The copyright owner shall deliver the goods within the time limit specified in the contract Works. Book publishers shall publish books in accordance with the publishing quality and time limit agreed in the contract.
If a book publisher fails to publish within the time limit stipulated in the contract, he shall bear civil liability in accordance with the provisions of Article 54 of this Law.
If a book publisher reprints or republishes a work, it shall notify the copyright owner and pay remuneration. After the book is out of stock, the book publisher refuses to reprint or republish the work. , the copyright owner has the right to terminate the contract.
Article 30 Article 3 If a copyright owner submits a manuscript to a newspaper or periodical publisher and does not receive a notice from the newspaper publisher within fifteen days from the date of issuance of the manuscript, the decision to publish it, or if the copyright holder does not receive a notice from the journal publisher within thirty days from the date of issuance of the manuscript, the decision will be You can submit the same work to other newspapers and periodicals, unless otherwise agreed by both parties.
After the work is published, unless the copyright owner declares that it is not allowed to be reproduced or excerpted, other newspapers and periodicals may reprint or publish it as abstracts or materials, but remuneration must be paid to the copyright owner in accordance with regulations.
Article 34: With the permission of the author, a book publisher may modify or abridge the work .
Newspaper and periodical publishers can make textual comments on the works. Modifications and deletions. Modifications of content must be approved by the author.
If your situation is more complex, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.