Research On The Legal Application Of The Copyright Law To E-book Publishing

E-book publishing is the combination of traditional book publishing and information network,and it is a new type of book publishing.At present,there are problems in the application of Chinese Copyright Law to E-book publishing.First,there are disputes about the copyright of E-book publishing is the right of distribution or the right of information network dissemination,which leads to unclear authorization and frequent disputes in practice;secondly,it is difficult to apply the relevant regulations of book publishing to E-book publishing.The essence of E-book publishing is a kind of information network dissemination behavior,which does not meet the constitutive elements of the right of distribution.E-book publishing should apply the right of information network dissemination rather than the right of distribution,but also can not apply the first sale principle.Due to the special social function and value of E-book Publishing,the relevant regulations on book publishing in the Copyright Law should be applicable to E-book publishing,including general provisions of book publishing,exclusive publishing rights and format design rights.From the perspective of extraterritorial experience,it is the choice of most countries to apply the right of information network dissemination to E-book publishing.On this basis,some countries such as Japan and South Korea,have included such behaviors into the scope of the traditional publishing copyright system,so that relevant publishing regulations can be applicable to electronic publishing.Combining the actual situation of our country and foreign experience,in terms of the application of Chinese Copyright Law to E-book publishing,it is necessary to clarify that E-book publishing should apply the right of information network dissemination.At the same time,we should make clear the application of the rules of book publishing in Copyright Law to E-book publishing,including reinterpreting the meaning of "publishing" in Copyright Law and perfecting the rules of exclusive publishing right and format design right.