1. How is the protection period of the right of publication stipulated?
For citizens’ works, The protection period for the right of publication and the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1, Items (17) of the Copyright Law is the life of the author and fifty years after the death of the author, ending on the fiftieth year after the death of the author. December 31st; if it is a joint work, the deadline is December 31st of the fiftieth year after the death of the last author.
Works and copyrights (excluding the right of signature) of legal persons or other organizations are enjoyed by legal persons or other organizations, and the right of publication and copyright are Article 10 of the Copyright Law. The protection period of the rights stipulated in subparagraphs (5) to (17) of this paragraph is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication is no longer protected by copyright law.
The protection period of the rights stipulated in Item (17) is fifty years, ending on December 31, the fiftieth year after the work was first published. However, if the work is not published within fifty years after the completion of the creation, the copyright law shall no longer Protect.
2. Basis for others other than the author to use the right of publication
1. Clear provisions of the Copyright Law
In order to realize the property content and social value of the relevant works through the exercise of the right of publication, the Copyright Law specifically stipulates that within certain periods The right to publish a work may be exercised by persons other than the author under certain conditions. For example, Article 17 of my country's "Regulations on the Implementation of the Copyright Law" stipulates: For works that have not been published during the author's lifetime, if the author has not expressly stated not to publish them, within 50 years after the author's death, the right to publish can be exercised by the heirs or legatees; if there are no heirs or legatees, If the work is a legatee, the right of publication shall be exercised by the owner of the original work (note: the underline is added by the author, please note that the legal term here is "exercise" rather than "enjoy"). To sum up, people other than the author directlyThe conditions for exercising the right of publication according to the provisions of the Copyright Law are: the author has died; the author has not made it clear that he will not publish his work before his death; the person who has the right to exercise the right of publication according to the law is limited to "the heir or legatee, or the owner of the original work" , and not anyone else; the person entitled to exercise the right of publication must do so within 50 years of the author's death.
2. Author’s permission
From a practical point of view, the author allows others to exercise the right to publish their works The following situations are: First, explicitly permitting others to exercise the right to publish the work in a contractual manner. If the author expressly expresses through the contract that the unpublished work will be handed over to the performer to make it public in the form of performance; secondly, based on the content of the license or transfer contract related to the property rights of the work, it is presumed that the author allows the licensee or transferee to exercise the right to publish the work. If the author submits his unpublished work to a publishing house for publication, even if the contract does not clearly stipulate the terms for the licensee to exercise the right to publish the work, it should be presumed based on the publishing contract that the author has given permission to the publishing house to exercise the right to publish the work. Because the publishing right of a publishing house is actually the "right of reproduction and distribution" of the work, and the exercise of the right of distribution is the right to provide the original or copy of the work to the public by selling or donating it. Therefore, if it is not presumed that the publisher has the right to exercise the right of publication, then the publisher will not be able to perform the contract and exercise the right of reproduction and distribution to publish the book.
3. According to the provisions of the law, it is presumed that the author allows others to exercise the right to publish the work
If the author If the ownership of the original unpublished works of art and other works is transferred to another person, then according to the provisions of Article 18 and Article 10, paragraph 1, item 8, of the Copyright Act, the owner who has legally obtained the original works of art and other works has the right to Original works of art and other works shall be disclosed in the form of exhibitions in accordance with the law. The content of exhibition rights includes "the right to publicly display originals or copies of fine arts and photographic works." Therefore, if the author transfers (or donates, sells, etc.) the property rights of the original unpublished work to another person, the right to publish the work will be exercised by the legal owner of the original through the exercise of the right of exhibition in accordance with the law.
To sum up, the content of copyright is very extensive, and the right of publication is one of them. The copyright holder can choose to publish the work or not. This is Free, but certain conditions are required for others to exercise their right to publish. There are three situations in which the period of publication rights can be considered. The specific regulations are listed above. If you still don’t understand anything about the right of publication or you want to know more about other aspects of legal knowledge, the editor recommends that you log on to our Legal Savior Network website for online lawyer consultation. They will provide you with help based on your questions.Give detailed answers.
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