1. Does the buyer have copyright in the novel bought from the bookstore?
After the buyer goes to the bookstore to buy the novel, he has ownership of the novel, but the copyright of the novel still belongs to the author, because when the novel is sold in the bookstore, the author only uses his own distribution rights to allow the publisher to copy the novel, and then Copies of the novel are distributed for sale. If you want to obtain the copyright, you can sign a transfer contract with the author, and then the copyright can be transferred from the author to the buyer. At the same time, it should be noted that the personal rights in copyright are not transferable, but the property rights are.
"Copyright Law of the People's Republic of China"Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication, that is, the right to decide whether a work will be made public;
( 2) The right of signature, that is, the right to indicate the identity of the author and sign the work;
(3) The right of modification, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;
(5) Right of reproduction, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, digitizing, etc.;
(6) Distribution right, that is, the right to provide originals or copies of works to the public by selling or donating them;
(7 ) Rental right, that is, the right to license others to temporarily use the original or copies of audio-visual works and computer software for a fee, computerExcept for software that is not the main subject of the rental;
(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;
(8) Exhibition rights p>
(9) Performance rights, that is, the right to publicly perform works and publicly broadcast the performances of works by various means;
(10) Screening rights, that is, the right to publicly reproduce art, photography, audio-visual works, etc. through projectors, slide projectors and other technical equipment;
( 11) Broadcasting rights, that is, the right to publicly disseminate or rebroadcast works by wired or wireless means, and to disseminate broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds, and images, but does not include the rights provided in Article 10 of this paragraph The rights stipulated in Paragraph 2;
(12) The right of information network dissemination, that is, provided to the public in wired or wireless ways, so that the public can The right to obtain the work at the time and place;
(13) Filming right, that is, the right to fix the work on a carrier by filming an audiovisual work;
p>(14) Adaptation right, that is, the right to change a work and create an original new work;
(15) Translation rights, that is, the right to convert works from one language into another language;
(16) Compilation Rights, that is, the rights to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright holder.
The copyright owner may permit others to exercise the rights specified in items 5 to 17 of the preceding paragraph and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may transfer all or part of the rights specified in items 5 to 17 of paragraph 1 of this article and receive remuneration in accordance with the agreement or the relevant provisions of this law. .
Article 27 To transfer the rights specified in Items 5 to 17 of Article 10, Paragraph 1 of this Law, a written contract shall be concluded.
Transfer of rightsThe contract includes the following main contents:
(1) Name of the work;
(2) Type of rights transferred and geographical scope;
(3) Transfer price;
( 4) The date and method of delivering the transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
2. Can copyright be pledged
The property rights in copyright can be pledged, but the personal rights in copyright cannot be pledged. If the parties want to pledge the property rights in the copyright, they should sign a pledge contract. After the contract is signed, the pledgor and the pledgee should go to the corresponding institutions to handle the pledge registration. If the pledge registration is not handled, the pledge will be deemed to have been violated in accordance with the law. set up.
3. What are the circumstances of fair use of copyright
The circumstances for fair use are:
1. For personal study, research or appreciation, Use other people’s published works;
2. To introduce, comment on a certain work or explain a certain issue, appropriately quote other people’s published works in the work;
3. In order to report news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
4. Newspapers, periodicals, radio stations, TV stations and other media publish or broadcast articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, TV stations and other media. Articles on current affairs, except those where the copyright owner states that they are not allowed to be published or broadcast;
5. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;
6. For school classroom teaching or scientific research, translate, adapt, assemble, broadcast or copy in small quantities published works for use by teaching or scientific researchers, but shall not be published or distributed;
7. State agencies use published works within a reasonable scope for the purpose of performing official duties;
8. Libraries and archives Museums, memorial halls, museums, art galleries, cultural centers, etc., reproduce the works collected by the museum for the purpose of display or preservation;
9. Free performances that have been published The performance does not charge fees to the public, nor pay remuneration to the performers, and is not for profit;
10. For installation or display in public Copy, paint, photograph, and video of the artistic works in the place;
11. Create works in the country’s common language that have been published by Chinese citizens, legal persons, or unincorporated organizations Translate the works into ethnic minority languages and publish them domestically;
12. Provide published works to people with dyslexia in a barrier-free manner that they can perceive .
The author allows the publisher to sell the novel in bookstores, but only uses the distribution rights of the work to allow others to purchase copies of the novel, and the buyer buys it from the bookstore Once you get the novel, you have the ownership of the novel, but the copyright of the novel itself still belongs to the author. If the author has signed a transfer contract with others, the copyright belongs to others. When you encounter that the copyright of the novel cannot be resolved, you can click Click the Consult Now button below and our professional lawyers will answer your questions immediately.
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