What are the legal effects of exhaustion of the right of publication
If the right of publication is exhausted Even if the work is in a published state, the author will not receive support if he claims the right to publish. He can only claim that one or more types of copyrights have been infringed. Once a work is published in a certain form, it is in a state of being known to the public, and this state is a factual state. The work can no longer return to a secret state of "unknown" to the public, and the right of publication cannot therefore be exercised again.
What are the special features of the right of publication
1. The difference between the right of publication and other moral rights
General moral rights are permanent and do not It is extinguished by the death of the author and does not terminate by the expiration of the copyright protection period. However, the right of publication, as one of the contents of the personal rights of the author, has a temporal nature. It will be extinguished with the expiration of the protection period of the work.
If the author fails to publish a work in time after creating it, then the author's property rights cannot be realized, and at the same time, the social value of the work cannot be reflected. The Copyright Law stipulates a certain time limit for the protection of the right of publication, which not only encourages authors to disclose the contents of their works to the public as soon as possible, bringing benefits to the authors, but also promotes the development and prosperity of social, cultural and scientific undertakings by encouraging the publication and dissemination of works. .
2. The difference between the right of publication and the property right of copyright
First of all, usually the right of publication The personal nature of the work indicates that it can only be enjoyed by the author in accordance with the law and cannot be transferred or inherited and enjoyed by anyone other than the author. This is not the case with copyright property rights. It can be transferred or inherited, and people other than the author can enjoy copyright property rights in the author's works according to law.
Secondly, the right of publication can only be exercised once, or exhausted once, that is, the author himself or others use the work in some way (such as exhibitions, performances, etc.) After the work is made public, the right to publish the work is exhausted, that is, the author's right to publish no longer exists. Therefore, unauthorized use of published works by others cannot constitute an infringement of the author's right of publication. The same rights in the copyright property rights (such as performance rights, adaptation rights, translation rights, reproduction rights, distribution rights, etc.) can be used multiple times as long as they are within the protection period of the copyright law. Of course, they can also be used repeatedly. It can be the subject of simultaneous or repeated infringement. If A and B respectively translate works that the copyright owner enjoys the copyright in accordance with the law without the permission of the copyright owner, then the actions of A and B will simultaneously constitute an infringement of the copyright owner's translation rights.
In fact, from the above analysis, we can see that the effect is very simple and clear, that is, if the work is published again, it will not be recognized by the public. You know, from a common sense point of view, the law does not allow unlimited publication of works. If you encounter someone who arbitrarily exercises the right to publish, you can consult a lawyer. The Legal Savior Network also provides online lawyer consultation services. You are welcome Get legal advice.
