What is the difference between publication rights and distribution rights
The right of publication may only be exercised once and only by the author The right of distribution can be exercised multiple times and is not only enjoyed by the author.
1. Right of publication
The right to publish, also known as the right to make public works, refers to the author’s unpublished work The work has the right to decide whether to make it public. It is a right in copyright stipulated in the Copyright Law.
Decided according to the definition of China’s Copyright Law The right to make the work public. The usage of the word "publication" in the legislation of various countries includes "disclosure", "publication", "decision to publish", "providing to the public", "dissemination", "informing", etc., which means that the work has been disclosed to unspecified people, so that An unspecified majority of people know the content of the work. As for whether the public actually knows or pays attention to the disclosed work, it has nothing to do with whether the work is published.
Publication right is onerights to be exercised on a one-time basis. In judicial practice, although the author has not made the work public, the author is presumed to have consented to the publication of his work under the following circumstances:
1. When the property rights of a work are transferred, it should be presumed that the author has exercised his right of publication. The right of publication cannot usually be exercised alone and needs to be exercised together with any other copyright property rights.
2. The author permits others to use his unpublished Works,
3. The author converts his unpublished Ownership of the original work of art is transferred to another person. (The owner of the original art work has the right to exhibition, and the exhibition must be accompanied by publication, so it is presumed that the right to publish has been exercised)
Publication rights are generally not transferable. The right of publication is a personal right of the author, which belongs exclusively to the author and cannot be transferred or inherited. China's "Regulations on the Implementation of the Copyright Law" stipulates that for works that have not been published during the author's lifetime, if the author has not explicitly stated not to publish, within 50 years after the author's death, the right to publish can be exercised by the heir or legatee; if there is no heir and no one to be legate, Exercisable by the owner of the original work. The implication of this provision is obviously that for any work that the author explicitly states that he is not allowed to publish, others should not publish it against the author's will during the period of protection of the copyright after the author's death; if the author has not expressed his clear intention to publish the work during his lifetime, it is presumed that His consent for publication can be exercised by his copyright heirs within the copyright protection period.
As a kind of personal right, the right of publication is protected period limit.
2. Distribution rights
Distribution right is divided into two concepts: broad sense and narrow sense. Distribution right in the narrow sense refers to the author's right to license or prohibit others from distributing originals or copies of his works by selling, donating, distributing, etc. China's Copyright Law It is the adoption of the narrow concept of distribution right. Article 10, Item 6 of China's Copyright Law stipulates: The right of distribution is the right to provide the original or copy of a work to the public by way of sale or donation. The concept of distribution right in the broad sense is in the narrow sense of distribution. On the basis of the concept of rights, it also includes rights such as leasing and lending, which refers to the right of the right holder to provide copies or originals of works to the public through sales or other means of transferring ownership, or through leasing, leasing, borrowing, etc.
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