Analysis On Legal Protection Of The Rights Of Publishers In China

It is China's "Copyright Law" one of the special features to protect the rights of publishers for neighboring rights,. About the rights of publishers, the existing copyright law provides for six rights: the right to layout design, the proprietary out of copyright, the right to amend the language works, the right to Contributors, the right to reprinted and so on. This article from the analysis of the nature of the six rights of the publishers and legal aspects of starting on the right publisher, the relationship between publisher's rights and neighboring rights, and publishers have the right to legal protection and development of the Aggregate two publishers the value of the right to legal protection.To explore the nature and areas of the rights of publishers is aimed at more effectively protecting it. At present there were two common publisher rights violations on the market: firstly, using scanning entry way, producing CD-ROMs, hard drives or use of the Internet publishing and distribution rights of others to enjoy layout publications. Secondly, unauthorized exclusive of others that the substance of copyright works compiled and published for splicing. These two violations, methods of concealment, that the difficulties, but in fact a great violation of the rights of publishers, particularly publishers of layout design rights and know-how out of copyright, in this article through the publisher on the current status of legal protection and meticulous analysis, summed up the legal protection of the five publishers shortcomings: First, the system of copyright collective management development lags behind; Second, the existing model of copyright authorizations of high-cost and low efficiency; Thirdly, principles that are rigid infringement; Fourth, drawbacks exist tort compensation system; Fifth, infringers are executable property distribution mechanism is not sound.Finally, the author by comparing the United States, France, Germany, Canada, the world's major countries and regions in the law regarding the rights of the publisher of legal protection provisions found out that the National in tort for damages to recover the defective works, copyright and other authorized methods have come a long way development of more sophisticated, the paper on the analysis of these beneficial practices carding and suitable combination of conditions put forward the rights of publishers to legal protection.