What are the obligations of book publishers and copyright holders
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: "A book publisher shall enter into a publishing contract with the copyright holder and pay remuneration when publishing a book."
The publisher shall not If a book is published within the time limit stipulated in the contract, the publisher shall bear liability for breach of contract and compensate the copyright owner for any losses suffered thereby. Paragraph 2 of Article 31 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."
If the work cannot be published due to the publisher's fault, unless otherwise agreed in the publishing contract, the publisher shall pay liquidated damages at 60% of the payment standard agreed in the contract.
The publisher obtains the exclusive publishing rights in the contract and obtains two rights, "personal rights and property rights" in the dissemination of the work. Personal rights, that is, 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. Publication of the same work must not plagiarize or use the format of another person's book, otherwise it will constitute an infringement of others' exclusive right to use the format;
2. The publisher's right to use the format Exclusive rights 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: "Publishers have the right to permit or prohibit others from using the layout design of published books and periodicals." This layout The design protection period is ten years, ending in December of the tenth year after first publication.Thirty-one days.
When a book publisher receives a manuscript submitted by a copyright holder, it must issue a notice of use or non-use to the copyright holder within six months. It shall not use it after six months. If no notice is given, the copyright owner has the right to claim back the work and require the publisher to compensate for losses.
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.
With the permission of the author, the book publisher may modify or delete the work.
Book publishers who publish works resulting from the adaptation, translation, annotation, organization, and compilation of existing works shall obtain the adapted, translated, annotated, organized, and compiled works the copyright owner of the original work and the copyright owner of the original work, and pay remuneration.
If a book publisher reprints or republishes a work, he should notify the copyright owner and pay remuneration. If the book is out of stock, the publisher refuses to reprint or republish the work, and the copyright owner has the right to terminate the work. contract.
The relationship between the book publisher and the copyright holder Relationship
1. The term and quality of book publishing
In the publishing contract There must be clarity on this issue. Book publishers should publish books in accordance with the quality and time limit specified in the contract. After signing the contract, the copyright owner shall deliver the work within the time limit specified in the contract; the book publisher shall publish the book within the time limit specified in the contract. Book publishers who fail to publish books on time shall bear civil liability in accordance with the law.
2. Reprinting and reprinting of books
Reprinting of a book refers to the The original version of the same text is reproduced and reissued.
Republication refers to the revision of the original version of the book with the same text using different procedures.After modification, copy and publish.
Article 31, paragraph 3, of my country's Copyright Law stipulates: For reprinting and republication of books, the book publisher must notify the copyright owner and pay remuneration .
When a book is out of stock, the copyright owner has the right to require the book publisher to reprint or republish it. If this request is refused, the copyright owner has the right to terminate the publishing contract. Once the contract is terminated, it means that the book publisher's exclusive publishing rights are lost, and the copyright owner can sign publishing contracts with other publishers for the same book.
3. Modification and deletion of book works
According to the third section of my country’s Copyright Law In the spirit of Article 13, the modification or deletion of book works involves the copyright owner’s right to protect the integrity of the work and the right to modify it. Therefore, if the publisher modifies or abridges the work, he must obtain the copyright owner’s permission. The method of obtaining permission can be agreed in advance in the contract, or it can be done during the editing and publishing process of the work.
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