Under what circumstances can it be presumed that the author exercises the right of publication?

In real life, people pay more and more attention to their legitimate rights and interests, such as protecting their patent rights, publication rights, etc. As far as the right of publication is concerned, many people are not clear about the circumstances under which the author can be presumed to exercise the right of publication. So below, the editor of the Legal Savior NetWork will answer your questions using relevant legal knowledge. I hope it will be helpful to you.

Under what circumstances can the author exercise the right of publication

The right of publication is The right of the author to make his work public at his discretion. However, the author's exercise of the right to publish is generally carried out through certain actions. In the following circumstances, it can be presumed that the author has exercised or agreed to exercise the right to publish;

(1) The author signs a publishing contract with a book publisher to publish the work in book form.

(2) When an author submits an article to a newspaper or magazine, it is deemed that the author agrees to publish the work. However, it should be noted here that newspapers and magazines have the right to decide whether to publish the work in their own newspapers or magazines. However, without the express authorization of the author, the newspaper or magazine that accepts the work has no right to publish the work again. If the work is transferred to other newspapers or magazines, we have no right to use the works that have been published in our company in other publications published by this company without authorization, nor do we have the right to excerpt the works without the author's consent. These behaviors are part of the author's copyright rights of publication and modification and the right to protect the integrity of the work. If used without authorization, it will infringe the author's personal rights.

(3) The author agrees to perform, screen, exhibit, and broadcast his or her work in public places.

(4) The author agrees to make a film or use a method similar to filmmaking to fix his work on a carrier.

(5) The author agrees to provide his work to the public in a wired or wireless manner, so that the public can obtain the work at a time and place of his or her own choosing. .

The above only lists several situations of presumed publication. In real life, there may be many different situations, but as long as the author voluntarily publishes When his work is made public in some way to an unspecified majority, he is exercising the right of publication. And this disclosure does not necessarily require being fixed in material form.

Period of protection of the right of publication

Citizens’ works, their Right of Publication The protection period of the rights stipulated in Items (5) to (17) of Article 10, Paragraph 1, Items (17) of the Copyright Law is the lifetime 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. For professional works owned by legal persons or other organizations, the right of publication, Article 10 of the "Copyright Law" The protection period of the rights stipulated in items (5) to (17) of paragraph 1 of this article is fifty years, ending on December 31 of the fiftieth year after the work was first published, but the period of protection of the rights shall be five years after the creation of the work. Anything that has not been published within ten years will no longer be protected by copyright law.

Film works, works created by methods similar to filmmaking, and photographic works, the right of publication, Article 10, Paragraph 1 (5) of the Copyright Law The protection period of the rights specified in Items) to Item (17) is fifty years, ending on December 31 of the fiftieth year after the work was first published. However, if the work has not been published within fifty years since its creation, the copyright The law no longer protects.

The above mentioned are legal knowledge about the right to publish. In reality, the law gives us many rights, so we must protect our legitimate rights and interests. , to avoid being infringed by others and damaging your own interests. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.