Journal of digital programs and Copyright
Abstract title】 Digital Publishing
The development of digital technology, so that the contents of digital journals, especially the networks, become increasingly important, journal clubs and other
organizations began to get involved in this area. When the technology is no longer a problem after the problem has surfaced copyright. Way to copy a CD-ROM journals,
available to the public through the Internet, transmission journal content, a right
belonging to the author, the author may be permitted to prohibit such behavior. On the other hand, CD-ROM replication and transmitted over the Internet implementation, for the journal's own development also constitute a certain degree of negative impact.
At this point, how the author, magazines and digital copying handle transmission between the three parties of various rights and obligations, is very important.
1, journal of copyright: it is necessary to consider the issue in advance
Discussion of journals to the digitization process involves copyright issues, we should start its own journal to start the relationship between copyright law, this so-called
In the absence of a result of various legal acts to produce more the case of legal
relations in accordance with the law journal editing and publishing mainly related to two aspects of the subject of immediate Publication Press with the author, both from a different point of view has its own journal rights. Following a detailed analysis of the
two sides in accordance with copyright law, statutory entitlements.
1. Author's rights
Journal writer is that his work was published in the journal person. In accordance with copyright law, authors and magazines did not copyright their works done under
the special agreement, the author naturally enjoy copyright of their works.
(1) The author of magazines and journals, including invited to a period of
Publication Press writer and submitted to the draft of the act itself constitutes the right
to a license issued, or authorized magazines in the journal publishes their work. Then, when the works were published, the author published a result of an exhaustion of the right to disappear.
(2) works published in the journal is a one-time use. Because the nature of the
magazine that it can only work published for a certain period of Articles. Consultation of both sides, there are no other circumstances, the work was published, magazines can not on other occasions, the media, in any other use of the work.
- The above analysis shows, for journals published works, magazines published in just one-time rights, other rights remain with authors.
2. The right of magazines
Magazines because of its editing and publishing of this creative activity has been granted the right to copyright law, including copyright and neighboring rights.
(1) as a compilation of works of copyright
Compilation of journal entries as a whole belongs to, while the Copyright Law
Article XIV provides that "... ... compilation of works from the compilation of the copyright people to enjoy." Thus, the periodical press as a journal the author of this compilation of works on the journal as a whole enjoy copyright. So, periodicals and the
content objects of copyright what is it?
Based on copyright law, only the "selection or arrangement of their contents reflects the originality," it constitutes a compilation of works and produce copyright. Thus, journals should be the target of copyright reflects the originality of the "Choose or arrangement." In particular, the journal editors originality is mainly reflected in the editors choice of specific works, sorting, and editing style and so on. Therefore, a small
amount of several articles journal publishers is difficult to explain the subjective ideas and presentation methods, nature could not see any originality. Only journals as a whole, comprehensive survey of all the works of the sequence, and mutual relations,
and editorial skills and methods of the publisher of the creative in order to be seen.
In this way, the contents of the journal copyright is mainly that a person shall without the permission to copy a periodical magazines all or most of the content - if this
copy reflects the creativity of journal publishers.
(2) The layout of the right - the right of the adjacent journal
35th of China's Copyright Law stipulates the right to layout the publication: "Publishers have the right to permit or prohibit others from using their published
books, periodicals layout design." And so the provisions of our law recognizes the right of journal publishers enjoy the layout.
"Layout" that is printed layout format, while the layout is the publication page text,
pictures and other content, style of presentation. Journal's "Layout of the right" is the magazines journals on which it was designed layout format to enjoy the exclusive right to use. Some commentators have also called it "the right of layout design", "version of
the right." Layout of the right is generally regarded as the publisher of the neighboring rights.
In practice, without the permission magazines, others may not copy the layout of their journal. Journal layout replication behavior is mainly, in accordance with the
original journal layout, complete or partial copy journals, publication paper publications, CD-ROM publication, or dissemination on the Internet. And periodical copyright different layouts of the right embodied in the journals of all pages, even if
only one. Copying the information as some publications such as journals, if they are reproduced on the journal article is based on original-type copy, and thus, their
behavior is not only copying the author's use of copyright, but also for the original
layout of the right to use the journal.
In addition, the layout should be designed to cover does not include journals, and other binding designs. Because the cover and binding and design can be enjoyed as a separate copyright works.
Second, journals involved in issues related to digital
Following the above analysis we can see that the number of journals involved in the process of copyright including the author on his single works owned by the author of
rights and magazines owned by the compilation of works of copyright and the right layout. To this end, the legal framework of copyright, from journals to digital technology (including CD-ROM and online), copyright can be discussed solutions to the following categories:
1. Magazines operate their own CD-ROM replication and network transport
services, this time, for the authors Received acts, the way the statement can be deemed to include paper referred journals, CD-ROM and network transmission 3 license. Such
an approach is certainly easy to operate, but not every one CD-ROM magazines will be
carried out two kinds of replication and network transmission services.