What is the relationship between the right of publication and the right of distribution?

I believe everyone has a certain understanding of the right to publish. The right of publication is the author's right to make his or her work public. So, what is distribution right? What is the connection between the right of distribution and the right of publication? Today, the editor of Legal Savior Network will tell you in detail about the specific contents of the right of publication and the right of distribution. I hope you can understand the connection and differences between the two.

What is the relationship between publication rights and distribution rights

The right of distribution and the right of publication are the rights enjoyed by the author. However, the right of publication can only be exercised once and can only be enjoyed by the author; while the right of distribution can be exercised multiple times and is enjoyed not only by the author.

1. Right of publication

The right to publish, also known as the right to publish works, refers to the author’s rights to his unpublished works The right to decide whether to make it public. It is a right in copyright stipulated in the Copyright Law.

The work is determined according to the definition of China’s Copyright Law The right to make it 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.

The right to publish is a right that can be exercised once. In judicial practice, although the author has not made the work public, the author is presumed to have agreed to publish his work under the following circumstances:

1. The transfer of copyright property rights should be presumed that the author has exercised the right of publication. The right of publication is usually impossible to exercise alone and requires and exercised together with any other copyright property rights.

2. The author authorizes others to use his unpublished works,

3. The author transfers the ownership of the original unpublished art work to others. (The owner of the original art work enjoys the right to exhibition, and the exhibition must be accompanied by publication, so The right of publication is presumed to have been exercised)

The right of publication generally cannot Transfer. The right to publish belongs to the personal right of the author and is exclusive to the author. It cannot be transferred or inherited. China's "Regulations on the Implementation of the Copyright Law" stipulates that if the author has not explicitly stated not to publish the work during his lifetime, the right to publish will be transferred 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 is the legatee, it can be exercised by the owner of the original work. The implication of this provision is obviously that any work that the author expressly states that he is not allowed to be published will be exercisable after the author's death. During the period of protection of copyright property rights, others should not publish against the will of the author; if the author did not express his clear intention to publish the work during his lifetime, it is presumed that he consented to the publication, which can be exercised by the heir of the copyright during the period of protection of property rights of the copyright.

As a kind of personal right of copyright, the right of publication has a limited period of protection.

2. Distribution rights

Distribution rights are divided into two concepts: broad sense and narrow sense. Distribution rights in the narrow sense refer to the permission enjoyed by the author or prohibiting others from selling, donating, distributing, etc. The right to distribute originals or copies of one's own works. China's Copyright Law adopts the narrow concept of distribution right. Article 10, Item 6 of China's Copyright Law stipulates: The right of distribution means providing the original or copy of a work to the public by way of sale or donation. The right to copy. The concept of distribution rights in the broad sense also includes rights to rent, lend, etc. on the basis of the concept of distribution rights in the narrow sense, which refers to the right holder's transfer of ownership through sales or other methods, or through leasing, leasing, borrowing, etc. , the right to make copies or originals of the work available to the public.

The above is the relevant legal knowledge about the "relationship between the right of publication and the right of distribution" compiled by the editor. To sum up, we can know: the right of distribution and the right of publication are both rights enjoyed by the author. But the right of publication The right of distribution can only be exercised once and can only be enjoyed by the author; the distribution right can be exercised multiple times and is not only enjoyed by the author. If you have other legal knowledge that you need to know, the Legal Savior Network also provides online legal knowledge consultation. Welcome everyone. Provide legal knowledge consultation.