On The Protection Of The Economic Rights And Interests Of The Author In The Copyright Trade Of Periodical Articles

Property right is one of the important contents of copyright, which is typically reflected in authors’ right to remuneration. In order to clarify the rights and obligations of the parties, and protect the economic rights and interests of the author at the same time, Copyright laws advocate the parties to implement the transfer of copyright in the way of copyright contract. However, Cases are that the chances that copyright transfer by concluding contracts of copyright transfer and contracts of copyright licensing are very low in practice. Actually, the notice to contributors increasingly become a synonym for copyright contract, exercising the role and effectiveness that copyright contract should ever do, and it is playing a more and more important role in journal article copyright trade. For the sake of the benefit maximization of their own, many newspaper or periodical publishers for publication tend to ask for all the exclusive rights to the submitted works, including rights that are existing and even that may emerge in the future, and give the author a one-time pay (commonly referred to as remuneration) as the price of the exclusive rights to the submitted works. Having obtained the exclusive rights, newspaper or periodical publishers for publication can usually get a rich reward by permitting others(such as network operators) to exercise the rights above, while what the author who actually complete the works can get is nothing more than the one-time remuneration, some may even afford the page charges. Besides, once published by a newspaper or periodical, the article can be reprinted or excerpted by other newspaper or periodical publishers according to Legal license without the author’s nermission, as long as they pay the author in accordance with the legal standard. Due to the lack of related supervision system and the insufficient information of authors that remuneration transfer institutions master, there are more reprinting and excerpting while authors don’t get that much pay, and even less really flows to the authors.Therefore, the problem that authors of journal articles "could hardly get paid" in copyright trade has become a soft spot in the field of copyright law, and how to safeguard the economic rights and interests of authors’ is particularly important. Based on the realization of authors’rights to remuneration in copyright trade of journal articles, firstly, this paper starts with a case, puts forward the question for study, introduces the current situation of the economic rights and interests of authors in copyright trade of journal articles, and then demonstrates the legal footing of the copyright trade of journal articles by analyzing the present model in which newspaper or periodical publishers for publication gain the copyright of journal articles, points out the irrationality and inequality in current copyright trade of journal articles, and eventually tries to raise some suggestions on how to protect authors’economic rights and interests in journal article copyright trade, attempting to improve the protection system of author s’rights to remuneration in our country.Apart from the introduction and conclusion, this article is divided into four parts:the first part puts forward the problem for study. The first section introduces the event of dragon source periodical net to irritate readers’thought about current copyright trade model between newspaper or periodical publishers for publication and authors, which lead to the core issue of this paper; The second section describes current situation of the implementation and protection to authors’economic rights and interests in journal article copyright trade. The second part focuses on the model in which newspaper or periodical publishers for publication get the copyright of journal articles. The first section analyzes the "autonomous model" in which newspaper or periodical publishers for publication obtain the copyright of journal articles, it first makes a brief introduction of the instructions for authors, and then analyzes its validity from the perspective of the principle of autonomy of will, implied consent and standard terms; The second section analyzes the "legal model" in which newspaper or peiodical publishers for publication obtain the copyright of journal articles, and discusses the statutory license of reprinting or excerpting. The third part presents copyright transfer/license model for journal articles in Germany and the United States of America. The introduction of German and American models may provide beneficial references for the improvement of the protection system of authors’economic rights and interests. In the fourth part, the beneficial references for the improvement of the protection system will be put forward. Based on foreign beneficial experience, this part will pay attention to measures for perfecting the protection system of journal articles authors’economic rights and interests.