Who owns the copyright of the author's contribution
Author.
Who owns the copyright of articles published in newspapers
Article 10 of the "Copyright Law" stipulates: Once the copyright owner enjoys The right to publish a work, that is, the right to decide whether the work is made public; the right to use the work and the right to receive remuneration, that is, to copy, perform, broadcast, exhibit, distribute, make movies, TV, video or adapt, translate, annotate, edit, etc. The right to use the work in the above-mentioned ways, and the right to license others to use the work in the above-mentioned ways and receive compensation for it. Article 23 also stipulates: "To use other people's works, you must enter into a contract with the copyright owner or obtain permission, except where this law stipulates that permission is not required." It is not difficult to deduce from the above provisions: publishing works in newspapers and periodicals is based on the author and the publication of newspapers and periodicals. A legal relationship between authors regarding permission to exercise the copyright of the work. For the author, publishing the work means exercising the right to publish the work and allowing the newspaper publisher to exercise the right to use the work, which means that the work can be used in the form of publication (including copying and distribution); for the newspaper publisher, it is based on the copyright of the work. Authorization to use the work at the specified time and manner.
(1) Publishing works in newspapers and periodicals is a civil legal relationship between the author and the publisher of newspapers and periodicals
Publishing works in newspapers and periodicals mainly includes two steps. One is submission, that is, writing (sending) the work to the selected newspaper or magazine The second is publication, that is, the newspaper and periodical publisher will review the content, form, etc. of the received work within the specified time limit, and based on the professionalism, text, etc. of the work The level of the work determines whether to publish it. To publish a work in newspapers and periodicals, it is generally not necessary for both parties to sign a formal copyright licensing contract. The basis of this contractual relationship is often an exchange of letters or oral form between the two parties, or it can be signed by both parties without clear provisions. Determined by the attitude adopted based on customary practices, and analyzed by the principles of the Civil Code, it can be concluded that submission is a contractual offer sent by the author to the publisher of newspapers and periodicals, that is, the author proposes to the publisher of newspapers and periodicals permission to use the work in the form of publication. Expression of interest. The offer becomes effective when the work is delivered to the newspaper publisher.
The newspaper publisher, as the offeree, has obtained the qualification for undertaking after receiving the submission. He can express his consent to publish the work to the author within the statutory period. When the author receives the notice of decision to publish, The copyright licensing contract for the work established between the author and the publisher of newspapers and periodicals is established. The main contents of the contract, such as the method of use of the work, payment of royalties, etc., are generally determined in accordance with the relevant regulations of the country, and no other agreement is required between the two parties. The main contractual obligations of both parties are: the author should ensure that the copyright of the work is valid and does not infringe the copyright of others, and cannot re-submit the same work to other newspapers and periodicals. The newspaper publisher should publish the work within a certain period of time and notify the author in accordance with regulations. Pay remuneration. The publisher of newspapers and periodicals can also not respond to the manuscript within the legal period, which means that the publisher of newspapers and periodicals does not accept the author's offer, and the offer will no longer be valid. According to the legal principles of offer and commitment, combined with the current relevant newspaper and periodical publications in our country Regarding the current status of the work, authors and newspaper publishers should pay attention to the following points:
(1) According to the irrevocability of the offer, after the newspaper publisher receives the author's work, the author may not withdraw the work at will within the time limit specified by law. According to the "Authorship"According to Article 490 of the Copyright Law, the legal period is: 15 days from the date of issuance of the manuscript for submission to a newspaper, and 30 days from the date of issuance of the manuscript for submission to a magazine. The publisher of newspapers and periodicals may have rejected similar works from others because of receiving the work, or may not have invited others to submit manuscripts with the same content, or they may have reviewed the manuscript or put in other work. Therefore, the author's withdrawal of the manuscript will definitely harm the newspaper and periodicals. Publisher's interests. As for whether the author can modify the work after the newspaper publisher receives it, the author believes that it should be allowed. On the one hand, it can enable the author to fully exercise the right to modify, and on the other hand, it can also help the work become more complete and mature. Such active modifications by the author can be regarded as a new offer from the author, and newspapers and periodicals have the right to decide whether to adopt the revised work.
(2) According to the offer and acceptance procedures, If a newspaper publisher decides to adopt the author's work after receiving it, it should promptly notify the author. This notification is a commitment to the submission offer. The contractual relationship is only truly established when the author receives notification of adoption. At present, many domestic newspapers and periodicals often publish manuscripts directly without notifying the authors after receiving them. This is lacking in procedures.
(3) According to the timeliness of the offer’s effectiveness, Publishers of newspapers and periodicals shall notify the author within the legal period of submissions that are decided to be published.
(4) The content of the commitment should be consistent with the offer The content is exactly the same. Newspapers and periodicals should respect the author's political and academic views. When the main content or views of the submission are not fully adopted and need to be modified, supplemented or deleted, the author should be consulted to make revisions. This modification notice is not a commitment to the submission offer, but a new offer. The author has the right to decide whether to modify it and whether to modify it according to the requirements of the newspaper. Of course, newspapers and periodicals also have the right to decide whether to use works that have not been modified or have not been modified as required.
(5) There is nothing that the offeree must promise obligation. Newspapers and periodicals have no obligation to notify manuscripts that are decided not to be used. Unless otherwise agreed by both parties, the author has not received the work for publication within the legal period.Notification shall constitute the newspaper publisher's rejection of the submission offer.
(6) The binding force of the author’s offer to contribute involves The author shall not issue the same submission offer to other newspapers and periodicals within the legal period. According to the relevant provisions of the Copyright Law and general practices, authors cannot submit a manuscript to multiple newspapers at the same time, or submit it to other newspapers and periodicals within the statutory manuscript processing period after the previous submission.
(2) Publishing works in newspapers and periodicals is a A copyright licensing legal relationship.
The author often exercises copyright by licensing others way to achieve it. Based on the author's submission, the newspaper and periodical publisher obtains the right to publish the work in this newspaper and periodical. This right of publication is actually the publishing right (including the right of reproduction and distribution) that the author authorizes newspapers and periodicals to exercise. Like all uses of protected works, the author has the right to obtain copyright royalties (remuneration) for permitting newspapers and periodicals to use the work. Newspapers and periodicals should pay royalties to authors in strict accordance with relevant national regulations.
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