Who gets the copyright after paying the royalties?

In real life, many people have submitted manuscripts and have doubts about who owns the copyright of the manuscript after paying the manuscript fee. So, who owns the copyright after paying the royalties? In order to make it easier for everyone to understand the content related to this, the editor of Legal Savior Network has compiled the following content for you to answer your questions for your reference and study. I hope it will be helpful to you.

1. Who owns the copyright after paying the royalties

After paying the royalties, the copyright belongs to Credit to the author. The relevant explanation is as follows:

The author often exercises copyright by licensing others. 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.

Article 10 of the "Copyright Law" stipulates: Once the copyright owner enjoys the right to publish the work, he has the right to decide whether the work will be made public; he also enjoys the right to use and obtain the work The right to remuneration, that is, the right to use the work by copying, performing, broadcasting, exhibiting, distributing, making films, television, video, or adapting, translating, annotating, editing, etc., and authorizing others to use the work in the above-mentioned ways, and receiving remuneration for it s right. 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 of the person to use the work at the specified time and manner.

2. Things that authors and publishers should pay attention to

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 Article 32 of the Copyright Law, this statutoryThe deadline is: 15 days from the date of issuance of the manuscript for submission to a newspaper; 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 procedure, if a newspaper publisher decides to adopt the author's work after receiving it, it should promptly notify the author. The notification is Commitment to an offer to contribute. 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 validity of the offer, the publisher of newspapers and periodicals should notify the author within the legal period of the submission that is decided to be published. According to Article 32 of the Copyright Law, the notification periods for newspapers and magazines are 15 days and 30 days respectively from the date of publication by the author. After the deadline, the submission offer will become invalid. After the expiration of the validity period, if the newspaper publisher decides to adopt the submitted manuscript, it should consult with the author to agree to publish it. The notice is actually a new offer, and newspapers and periodicals can publish it only after the author makes a commitment to agree. Hasty publication without consent is an infringement of the author's copyright. On the other hand, multiple newspapers and periodicals may publish the work at the same time, because after the validity period expires, the author enjoys the right to resubmit to other newspapers and periodicals.

4. The content of the commitment should be completely consistent with the content of the offer. 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. The offeree has no obligation to promise. Newspapers and periodicals have no obligation to notify manuscripts that they decide not to use. Unless otherwise agreed by both parties, if the author does not receive notification of the publication of the work within the legal period, the newspaper and periodicals will reject the submission offer.

6. The binding force of the author’s offer to contribute involves the author not to issue the same offer to other newspapers and periodicals within the legal period.Offer to contribute. 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.

The above is the answer given by the editor of Legal Savior Network on the relevant legal provisions of "whose copyright belongs to whom if the manuscript fee is paid", and further supplements the "Copyright Law" Involved authors and publishers should be aware of this. I believe everyone already has a certain understanding. If you have other questions, you can seek legal consultation on the Legal Savior Network.