The editor in chief of A, a group of people wrote together, who owns the copyright of this book

1.Article 13 of the Copyright Law of the People's Republic of China stipulates that a collaborative work refers to a work created by two or more people in cooperation. The copyright is shared by the co-authors, and those who do not participate in the creation cannot become co-authors.

The elements that constitute a co-author are, first subjectively, subjectively the will to co-create, and objectively the co-creation of the common act.

2.There is both the chief editor, the chief editor, and the authors of all sides of a book, and we say that this situation is generally led and organized by a certain publishing house or the editor-in-chief, first of all, they have a common willingness to cooperate, and objectively they have completed the compilation of a book together. It should constitute a collaborative work and share copyright.

3.So whether the editor-in-chief enjoys copyright depends on the work done by the editor-in-chief.

4.First of all, if the editor-in-chief is only a co-ordinator and a pseudonym, I think, if he does not participate in the substantive creative work, even if he is the editor-in-chief, he still does not enjoy copyright.

5.Secondly, if the editor-in-chief constructs the framework of the entire work and participates in the creation of the entire work, the editor-in-chief of course enjoys the copyright of this single work. But if the editor-in-chief is involved in the writing of a chapter, does the editor-in-chief have copyright over the entire book?

I think in reality, the editor-in-chief will enjoy the copyright of the entire work, because under normal circumstances, the editor-in-chief is a person in his field, and his influence may be greater than that of other editors in the work, so he "naturally" enjoys the copyright of the entire work. But in fact, I think that in this case, the editor-in-chief only has the copyright for the chapter he wrote, unless the editor-in-chief also played a creative role in the writing of other chapters of the work.

Copyright Law of the People's Republic of China (2010 Amendment).

Article 11: Copyrights belong to the author, except as otherwise provided by this Law.

The citizen who creates the work is the author.

A work that is presided over by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization bears responsibility, is regarded as the author.

Article 13: The copyright of a work created by two or more persons is jointly enjoyed by the co-authors. Those who do not participate in the creation cannot become co-authors.

Where a collaborative work may be used separately, the authors may separately enjoy the copyright for the part of their respective creations, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.

A has created and completed a scholarly work of historiography, and B has adapted it into a historical work with A's permission. C translated the simplified Chinese version of the Chinese published by B into the Err language and published it in Xinjiang. In this regard, the following statement is correct ( ).

a.C's spine is considered non-infringing and fair use.

b.C's conduct infringes the copyrights of A and B.

Answer Analysis] Translating works created in Chinese characters and written languages that have been published by Chinese citizens, legal persons or other organizations into minority languages for publication and distribution in China is fair use and does not constitute infringement. （p85）

Knowledge points of this question: reasonable use,

2) Copyright of collaborative works.

For a collaborative work that can be divided, the author may separately enjoy the copyright for the part created by each other, but shall not infringe the copyright of the collaborative work as a whole.

Answer] a.

According to Article 13 of the Copyright Law, the copyright of a jointly created work belongs to two persons.

If there is a division of labor between the two people, e.g. some chapters are created by one person and others by the other, the work can be divided and the author alone owns the copyright for the part he created. However, if a ** is a complete collaborative work, the rights of the other divided copyright owner shall not be prejudiced when the copyright owner is divided.

If there is a clear division of labor in the creative process, the copyright of the part created independently belongs to the creator, and the part of the joint creation still belongs to the two people. In dealing with copyright, the actions and decisions of either party must not damage or affect the copyright of others.

If A and B jointly create a long **, then the copyright should be A and B. If there is a division of labor, then whoever is responsible for the part is whose copyright, or two people can discuss and finally reach an agreement.

I think they all have a common copyright. A and B are indispensable to complete this work together, and they can both enjoy copyright. They may discuss the issue of copyright before they complete the **, maybe five or five points, right?

It can't be, and the more this chapter is written, the more it can't be like this.

Co-creation, no matter which part of the copyright belongs to Chen and Wu, because the whole ** is a whole.

As we all know, copyright is different from patents in that it naturally generates the corresponding copyright from the moment the work is created. The question is complicated, and when is it at the moment when the "work is produced"? Who created this work at this moment?

These two questions are easy to say, but it is more troublesome to provide complete proof. This is also the first threshold faced by rights protection, which is the issue of proof of originality. Another threshold is the issue of forensics.

While pirated content on the Internet is easy to spot, it's another matter to get evidence of piracy. This evidence is by no means as simple as a screenshot of the page, but to ensure the fairness of the evidence collection method and the validity of the evidence collection results. Needless to say, the long time, complex process and high cost are self-evident.

These two high thresholds have kept many rights defenders out, and even if they do, they still have to face a series of complicated legal processes such as follow-up lawsuits and claims.

Both parties must negotiate, and if the negotiation fails, neither of them agrees, and the whole cannot be separated. The copyright of the other party can be obtained through a transaction such as a buyout, or one of the parties may give up the copyright. It is necessary to establish a paid or free copyright transfer contract.

Non-professionals think so).

Both parties must negotiate, and if the negotiation fails, neither of them agrees, and the whole cannot be separated. The copyright of the other party can be obtained through a transaction such as a buyout, or one of the parties may give up the copyright. It is necessary to establish a paid or free copyright transfer contract.

Non-professionals think so).

Since it is a long story jointly created by A and B, Chen and Wu are of course joint copyrights.

Look at how the two people agreed, if it is said in advance that the mirage is co-created, then the copyright is co-creation, if there is a division i, each has its own chapter, then everyone has the copyright of each negative chapter.

The copyright of a jointly created work is jointly owned. Unless one of them voluntarily relinquishes his or her rights.

According to Article 13 of the Creation Law, both persons have copyright in the work jointly created by the two persons.

Chen and Wu do not enjoy any rights in the works. Because this is created by two people, A and B, it has nothing to do with Chen and Wu.

The copyright belongs to both parties, and the chapters with division of labor in it belong to A and B respectively.

According to Article 13 of the Copyright Law, the copyright of a jointly created work belongs to two persons.

For the joint creation of a work, the copyright belongs to both persons.

It should be jointly owned by the two of them, isn't it a bit silly to ask this question here?

This should be determined on the basis of the statements and evidence of both parties.

Normally, it is like this, it needs to be certified, so it is necessary to do a good agreement.

When it comes to intellectual property advice, it is best to find a professional lawyer for good advice.

If I were Zhang's lawyer, I would protect Zhang's legitimate rights and interests in the following ways: sue A Publishing House and a book company in Hong Kong to the court, demanding that the two defendants stop the infringement, compensate for losses, and apologize; Or sue A publishing house in the court, demanding to stop the infringement, compensate for the loss, and apologize, and agree that a Hong Kong book company will continue to distribute and **, but should pay remuneration to Zhang. Reason:

After the expiration of the contract, the publishing right has been terminated, and even if the contract period has not expired, according to the provisions of the copyright law of China, the publishing house has no right to transfer the publishing right licensed by the author; A book company in Hong Kong published books in the form of books and ***** them in magazines without Zhang's permission or legal transfer authorization, infringing Zhang's right of reproduction and distribution.