What are the restrictions on the right to receive rights
Neighboring rights refer to the work disseminator’s right to the labor generated in the process of disseminating the work The exclusive rights enjoyed by the results in accordance with the law are also known as the rights of disseminators of works or rights related to copyrights. Copyright in a broad sense may include neighboring rights. Copyright in the narrow sense is closely related to neighboring rights. Without a work, there is no dissemination of the work, so neighboring rights are based on copyright; restrictions on fair use of copyrights also apply to restrictions on neighboring rights; the protection period of neighboring rights is also 50 years. The main difference between neighboring rights and copyright is: the subjects of neighboring rights are mostly legal persons or other organizations, while the subjects of copyright are mostly natural persons; the object of neighboring rights is the results produced in the process of disseminating the work, while the object of copyright is the work itself; neighboring rights Except for the performer's rights, it generally does not involve personal rights, while copyright includes both personal rights and property rights.
Publisher’s Rights
(1) Publisher’s rights content
1. Exclusive right to layout design. Format design refers to the design made by Publishers on the layout and appearance decoration of the books and periodicals they publish. Layout design is a key issue for publishers, including book publishers (such as publishing houses)) and periodical publishers (such as magazines and newspapers), the publisher enjoys the exclusive right to use it in accordance with the law, that is, it has the right to permit or prohibit others from using the layout design of the books and periodicals it publishes.
2. Exclusive publishing rights . A book publisher shall enjoy exclusive publishing rights for works delivered for publication by the copyright owner in accordance with the publishing contract signed by both parties. Other publishers are not allowed to publish the same work without permission, and the copyright owner is not allowed to submit multiple drafts of a work for which the publisher has the exclusive right to publish. If the book publishing contract stipulates that the book publisher shall enjoy exclusive publishing rights but does not specify the specific content, the book publisher shall be deemed to have the right to publish the original version and revised version of the book in the same language within the validity period of the contract and within the geographical scope stipulated in the contract. Proprietary Rights. The exclusive right of publication is a right arising from a publishing contract rather than a statutory right, so strictly speaking it does not fall within the category of neighboring rights. Newspapers and magazines enjoy the right to publish works submitted by copyright owners within a certain period of time. However, if the copyright owner does not receive a notification from the newspaper publisher within 15 days from the date of publication of the manuscript and decides to publish it, or if the copyright owner does not receive a notice from the journal publisher within 30 days from the date of publication of the manuscript, the same work may be submitted to other newspapers or periodical publishers. Contribute. Unless otherwise agreed by both parties.
(2) Main obligations of the publisher
1. Pay remuneration to the copyright owner in accordance with the contract or national regulations;
2. Publish according to the publishing quality and time limit agreed in the contract Books;
3. If a work is republished or republished, the copyright owner should be notified and remuneration should be paid;
4. To publish works resulting from the adaptation, translation, annotation, and arrangement of existing works, the copyright owner of the derived work and the original work must be obtained Permission from the copyright holder and payment of remuneration;
5. We should exercise reasonable care regarding the authorization of publishing activities, the signature of manuscript sources, and the content of edited publications, etc., to avoid publishing activities that infringe the copyright and other civil rights of others.
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