Article 10 of the Copyright Law stipulates: "... the right of authorship refers to the right to show the identity of the author and sign his name on the work", and Article 11 clearly states: "Copyright belongs to the author, except as otherwise provided in this Law. The citizen who creates a work is the author ... "It seems simple, but there are many disputes caused by the signature problem in actual work. Especially in the case of cooperative writing of works by multiple authors, editors need to strengthen copyright awareness, always attach importance to the signature of all aspects of the works, seriously communicate with the copyright owner or his authorized agent to confirm, and finally determine the signature of the works by the signature method agreed in the publishing contract. There are many reasons for this controversy, for example, the editor did not deeply understand the author's signature method to determine the signature of the work. It mainly shows the author's rights such as copyright and academic responsibility; Failing to check the signature order and number with the author in time.
Once, after the second edition of a book was published, the second author found that his signature was lost on the cover, because the editor did not verify the signature method provided by the author when reprinting, and directly followed the signature method of 1 version. As a result, the second author thought that his right to name had been violated and filed a complaint with the publishing house. The publishing house has taken such measures as checking the facts as soon as possible; Negotiate with the author about the treatment method; Sincerely apologize to the author; Immediately recover all express mail, replace the cover, and bear all economic losses; Editors have also been educated in copyright law, requiring them not only to communicate with the author frequently, but also to check and sign the signatures in strict accordance with the provisions of the publishing contract during the production process, and the author should check and sign the proofs before publishing the book. Practice has proved that through some effective measures, the signing and ordering of works can be reasonable and correct, and copyright disputes caused by the author's missing signature and typo can be effectively prevented, which is conducive to the author's correct exercise of the right of signature.
2. Protect the author's right to modify and the right to protect the integrity of the work.
The right of modification is the right of the copyright owner to modify or authorize others to modify the work. The right to protect the integrity of a work is the right of the copyright owner to protect the work from distortion and tampering. Without the consent of the author, the content of the work shall not be substantially modified. When signing a publishing contract, the copyright owner will generally explicitly grant the right to publish and modify the manuscript, but how big should this right be? How can editors handle manuscripts well without infringing on the legitimate rights and interests of authors? In daily work, it is easy for editors to inject their own language habits and ideas into the author's manuscript style with the mentality of Excellence, which makes the processed manuscript "red with eyes" and the author feels "deja vu" when he sees the manuscript again. On the one hand, it increases the editor's own workload, on the other hand, it is easy to turn the author's key academic viewpoints and conclusions into problems. According to Article 10 of the Copyright Law, the right of modification and the right to protect the integrity of works are part of the author's personal rights, and no one may infringe upon them. Moreover, Article 33 of the Copyright Law stipulates: "A book publisher may modify or abridge a work with the permission of the author. ..... "Editors need to carefully understand the connotation of copyright law in their work. The usual methods are: resolutely correct obvious and common-sense mistakes; Descriptions of academic discussions, opinions and conclusions are not allowed to be modified or abridged at will as long as the author fully demonstrates and respects the author's opinions. After all,
Based on the principle of "literary responsibility", the changes made by the author in the process of sorting out the manuscript are not reviewed, and the author says that they will be changed. Although the author should be responsible for the political, scientific, correct and future social benefits of the manuscript, it is the publisher and the author who are ultimately "taking risks and enjoying benefits". Once there is a problem, the publisher also has an unshirkable responsibility to a certain extent. In a word, editors need to master the problem of "degree" in the process of processing and sorting out manuscripts, pay attention to protecting the author's right to modify and protect the integrity of works.
3. Protect the copyright of other authors from infringement.
Article 22 of the Copyright Law stipulates that, in some cases, an author "may not pay remuneration to the copyright owner without permission, but shall indicate the author's name and the title of the work, and disharmony is a violation of other rights enjoyed by the copyright owner according to this law: (1) using the published work of others for personal study, research or appreciation; (2) In order to introduce and comment on a certain work or explain a certain problem, appropriately quote other people's published works in the work … "In practical work, editors should strengthen the author's copyright awareness and explain the meaning of" fair use ". For example, there is no problem that some textbook authors cite other people's published works in their own classroom teaching handouts (distributed to students in batches) to improve the teaching effect; However, if these contents are copied as they are and published as the main or substantial part of their own works, it will infringe on the copyright of others and may also infringe on the interests of book publishers. Editors should stand on the publishing house's point of view and do their duty of reasonable care. For example, if an author quotes other people's works in his works, he should confirm that the quoted part cannot constitute the main part or substantial part of the quoted work, and shall not harm the real interests of the copyright owner of the quoted work. In addition, the editor also needs to check the name of the original copyright owner, the name of the work, the source, etc. All of them are indicated in the bibliography provided by the author, so as not to infringe the copyright of others.
4. In the process of signing the publishing contract, safeguard the rights and interests of both parties according to law.
Article 24 of the Copyright Law stipulates: "A license contract shall be concluded with the copyright owner for the use of other people's works, except that no license is required according to this Law." Article 29 of the Copyright Law stipulates: "A book publisher shall conclude a publishing contract with the copyright owner and pay remuneration." It can be seen that before the book is published, the publisher and the copyright owner should sign a written book publishing contract in accordance with the copyright law, stipulating the rights and obligations of both parties. When signing a contract, the editor often needs to sign with the copyright owner on behalf of the publishing house, so the editor must be familiar with the content of the publishing contract and sign a complete publishing contract.
On the one hand, according to Article 30 of the Copyright Law: "The exclusive right of a book publisher to publish a work delivered by the copyright owner in accordance with the contract is protected by law, and no one else may publish the work." That is to say, after the publishing house signs a book publishing contract with the copyright owner, the copyright owner grants the exclusive right to publish the work to the publishing house, and the publishing house cannot permit others to use the work. The use of the subordinate rights of a work must be explicitly authorized by the copyright owner. Within the time limit stipulated in the contract, the author may not submit his works to other publishing houses for publication. Editors should pay special attention to the scope of licensing publication, the way of licensing use and the time limit authorized by the author. In today's fierce competition in the publishing industry, for any good book, the larger the scope of publishing license obtained by the publishing house in the publishing contract, the more types of licensing methods, and the longer the authorized publishing period, the better the benefits. Especially with the development of Internet, digital publishing has launched a strong impact on the traditional publishing industry. If the electronic version is not licensed in the contract, then when the book sells well and is spread on the Internet by others, the publishing house will have no chance to protect its rights and interests in the face of the impact on its sales.
On the other hand, getting paid is the complete legal right of the copyright owner. Article 27 of the Copyright Law stipulates: "The remuneration standard for the use of a work may be agreed by the parties concerned, or it may be paid according to the remuneration standard formulated by the copyright administrative department of the State Council jointly with relevant departments. If the agreement between the parties is unclear, the remuneration shall be paid according to the remuneration standard formulated by the copyright administrative department of the State Council in conjunction with relevant departments. " Moreover, according to the relevant provisions of the Copyright Law and the remuneration provisions for published literary works, the author's remuneration should be settled in time, and the author's remuneration should not be owed on the grounds of busy work and unknown address.
It can be seen that in order to avoid unnecessary copyright disputes caused by book publishing, editors must firmly establish the meaning of copyright, learn the law, know the law and usage, and safeguard the legitimate rights and interests of copyright owners and publishers in all aspects of planning, soliciting contributions, signing publishing contracts, editing and processing.