What are the principles for determining infringement of exclusive publication rights?
It must be determined correctly To infringe on exclusive publishing rights, we must correctly understand the concept of exclusive publishing rights, that is to say, the legislative spirit of the law stipulating exclusive publishing rights, then what is the essence of exclusive publishing rights. In order to clarify this issue, we conduct some investigation from a historical perspective, and it is not difficult to come to the conclusion that the essence of exclusive publishing rights is to protect the economic interests of publishing houses. The history of copyright law is closely integrated with communication technology. The printing and selling of books as an industry first appeared in Western Europe. In particular, China's papermaking technology and printing technology were successively introduced to Europe, and the development of science and the revival of literature and art in Europe contributed to the progress and popularization of education. These two factors provided the technical and social prerequisites for the rise of the book publishing industry. So books became a new industry that was profitable for businessmen. With the rise of the publishing industry, in order to protect their own interests, publishers began to seek exclusive rights to copy and distribute certain books, and first established some associations.
At the same time, we should also see that publishers have Books are published with little intellectual creative effort. The publisher cannot change the content of the book during the publishing process, otherwise it must obtain the consent of the copyright owner. The publication of a book does not constitute a new work. Because the book is completely created by the author, the complete copyright of the book is enjoyed by the author, and the publisher only transfers the exclusive publishing rights enjoyed by the author to itself under certain conditions in the form of a contract. Of course, the publishing house has the exclusive right to use the binding and layout design of the book, but this and copyright are two different concepts. Therefore, through the publication of books, a publishing house only enjoys the exclusive publishing rights of books granted to it by the copyright owner in the form of a contract, that is, the economic benefits brought to it by the exercise of the exclusive publishing rights of books. This is a reward for the publishing house's investment in disseminating books. It is the distribution and balance of interests between the copyright owner and the publisher within a certain time and a certain region when the benefits generated by books become commodities.
Therefore, it can be seen from the development of copyright law that the law gives publishers exclusive publishing rights to protect their interests, which is not exactly the same as the law's protection of authors. Therefore, The author believes that the protection of exclusive publishing rights should also be considered from this perspective. In other words, anything that affects the economic interests of the publishing house should be regarded as an infringement of the publishing house's exclusive publishing rights. The clear provisions in the Implementation Regulations of my country's Copyright Law should also be understood from this perspective. If a book is published in the form of the original version, revised version or shortened version of the original work, an expanded interpretation should be given. The original version should be interpreted in such a way as to infringe the proprietary rights of the publisher. The principle of publishing economic interests, that is, the principle of substantial infringement, should not be understood as infringement only if it is republished in the original form intact. The same should be understood when reprinting revised and abbreviated versions. Therefore, the amount of plagiarized content does not matter. It cannot be used as the only basis for determining whether there is infringement. The main consideration should be whether the infringement is enough to affect the publisher’s economic interests in reprinting or reprinting the book.
Based on the above introduction, There are corresponding identification principles for infringement of exclusive publication rights. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of the identification principles for infringement of exclusive publication rights. If you still have legal questions in this regard, please consult Lawyers on the Legal Savior Network will provide you with professional answers.
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