Types of copyright disputes between publishers
According to the provisions of the Copyright Law, the copyright enjoyed by publishers is very limited, but In different copyright disputes, the roles played by publishers sometimes vary. Sometimes they appear in copyright disputes as users of works or as third parties, mainly in the following types:
(1) Copyright infringement disputes
1. Infringement by publishers
(1) Individual infringement. Individual infringement is a typical infringement in which a publishing house, as a user of a work, uses the rights that should be exercised by the copyright owner without permission, thereby infringing upon the rights and interests of the author or other copyright owners.
(2) Joint infringement. In such infringement disputes, the publishing unit is both the infringer and the victim of the author or contributor's infringement.
2. The publishing house was infringed
(1) Disputes over infringement of exclusive publishing rights. Disputes over infringement of exclusive publishing rights refer to disputes arising from infringement of the exclusive right to publish works obtained by a publisher through a contract.
(2) Disputes over infringement of the exclusive right to use layout design. Format design is the result of the publisher's labor when editing and processing the work. The publisher has the exclusive right to use its layout design, that is, except for the publisher himself who can use its layout design at will, others may not copy it as it is without permission. Disputes over infringement of the exclusive right to use layout design refer to cases arising from the unauthorized use or imitation of layouts created or legally obtained by the publisher.
(2) Contract disputes
1. Exclusive publishing rights contract disputes
The contractual nature of exclusive publishing rights determines the relationship between publisher and copyrightThe rights and obligations between people need to be agreed upon through a contract, and can only be agreed upon through a contract. All rights other than those in the contract are reserved for exercise by the copyright holder. A typical case is the publishing contract dispute case between Shen Jiahe and ** Publishing House.2. Remuneration disputes
Publishing houses often encounter another type of contract dispute, which is due to Disputes arising from the distribution of royalties. Regarding the distribution of royalties, the publishing house and the copyright owner generally agree on it through a contract. If the contract is not clear and the parties to the contract do not perform their obligations as stipulated in the contract, contract disputes will arise.
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