The principles for determining the violation of exclusive publishing rights include: 1. Infringements are related to whether the published work belongs to the exclusive copyright category. If the published work is the exclusive work of the author, any act of copyright violation of the exclusive copyright of the author is a crime. 2. Whether the act of copyright violation is related to the copyright of the published work. If the copyright of the published work has been granted, any act of copyright violation is a crime. If the copyright of the published work has not been granted, the violation may only involve other parts of the copyright law. 3. Whether the copyright violation involves the publishing company or other related parties. If the author or other relevant parties are in a secondary or auxiliary position in the act of copyright violation, the determination of the act of copyright violation may be affected. 4. Whether the copyright violation is based on illegal publication or transmission. If the copyright of the author is violated by the legal means of publishing or distributing the work, the determination of the copyright may be affected. 5. Whether the violation involves the violation of intellectual property rights. If the violation involves the violation of trademark rights, patent rights or other intellectual property rights, the determination of the violation may be affected. 6. Whether the tortious act involves intentional or negligent actions. If the author intentionally or negligently caused the violation, the determination of the violation may be affected. The above are some common elements of the principle of determining the violation of exclusive publishing rights. The specific situation needs to be judged according to relevant laws and regulations and the facts of the case.
Exclusive rights to life story refer to the sole rights a person has over their own life story. They are often protected by laws like copyright and privacy laws. For example, if someone wants to write a biography about you without your permission, they could be violating your exclusive rights to your life story.
When writing a novel, if the creativity or main plot comes from other works, including novels, movies, TV series, comics, etc., there may be a risk of copyright violation. If you use the content of another person's work in your own novel without authorization, it may constitute copyright violation. For example, if the main plot or characters of a novel originated from a novel and the characters, locations, plots, and other elements in the novel were the same or similar to the original, then this might constitute an copyright violation. In addition, if the novel used the characters, lines, music, and other elements from other people's works, it might also constitute copyright violation. In order to avoid copyright, one must strictly abide by copyright laws when writing a novel and not use the content of other people's works without authorization. When creating, you can also seek inspiration from other sources such as reading other literary works, watching movies and TV series, etc. to enrich your imagination and creative ideas.
Non-exclusive rights for a book or story imply that the creator can give access to multiple individuals or organizations to utilize the content. It's different from exclusive rights where only one party has sole permission. This can be beneficial as it opens up more opportunities for the work to be shared and monetized, but it also means there's less exclusivity and potentially more variations in how it's presented or exploited.
The term of protection of the copyright was the author's lifetime plus 50 years after his death. If the author dies less than 50 years ago, the copyright will be automatically extended for 50 years. If the copyright violation occurred 50 years later, the copyright violation would still be valid even if the author had passed away. The limitation period for an action for copyright violation is 20 years, but the court may extend or shorten the time limit according to the actual situation. If the violation occurred 20 years ago, the limitation of action for the violation was 20 years; if the violation occurred 20 years later, the limitation of action for the violation was 5 years. However, if the act was proven to be invalid, the court might order the violator to stop the act immediately and compensate for the loss.
Typically, the individual who has lived through the events of the life story can claim exclusive rights. This is because it's their own unique journey, and they should have control over how it's presented to the public. However, in some cases, if a person has passed away and has left their rights in a will or if there are legal heirs, they may also be able to claim certain aspects of the exclusive rights to the life story on behalf of the deceased.
In most cases, journalists can claim exclusive rights if they have a specific agreement or contract allowing it. But it's not a given and depends on various factors.
The contract for the transfer of a novel's work and the contract for the exclusive license were not necessarily the same. It depended on the specific terms of the transfer contract and the specific content of the exclusive license contract. A work transfer contract usually referred to a contract where the author of a novel transferred the copyright of his work to a third party. The transferring party would have the right to use the work and authorized the third party to create, adapt, translate, and so on. Such contracts usually involved the transfer and assignment of copyrights, as well as terms on how and when third parties could use the work. An exclusive license contract meant that the author of the novel was granted the right to create or adapt in a specific field. Only under certain conditions could the author use the work for creation or adaptation. An exclusive license usually limits the rights of third parties to ensure that the copyright holder can use the work exclusively. Therefore, although the contract for the transfer of works and the exclusive license contract for novels both involved the transfer and authorization of copyrights, the specific terms and conditions might be different. He needed to analyze the terms of the contract to determine if they were the same.
The copyright and the publishing right are usually regarded as the same concept because they both refer to the protection of the original rights of literary works. However, there might be some differences in the specific content and scope of protection. The copyright refers to the rights enjoyed by the original ideas, works, and expressions in the fields of literature, art, and science. It includes the protection of the creativity and ideology of the works, as well as the rights to perform, publish, adapt, and translate in public. On the other hand, publishing rights referred to the rights to perform, produce, distribute, and broadcast musical works, movies, television dramas, and other works, including the rights to produce, perform, adapt, translate, and broadcast. In the process of literary creation, copyright usually included copyright protection after the creation was completed, while publishing rights usually involved the protection of the works in performance, distribution, broadcasting, etc. For example, a copyright would protect the copyright of the novel, and if the novel was made into a movie or television series, the publishing rights of the movie or television series might be protected. Although copyright and publishing rights both involve the protection of original rights, there may be some differences in the specific content and scope of their protection.
Releasing a film clip may be an act of copyright violation, especially without the authorization or permission of the film copyright owner. Movie editing is usually a step in the film production process that can be used to create one's own work or used in combination with other works. However, when releasing a film clip, you must ensure that it does not violate any works or intellectual property rights protected by copyright law. If a film clip uses copyright-protected film material or any other material, then publishing it may be an act of copyright violation. In order to avoid copyright abuses, film editors need to study copyright laws carefully and use copyright-protected material or sources of material or use material that has already been authorized. In addition, they also need to comply with other legal requirements such as copyright transfer agreements or license agreements. If you publish a film clip and wish to avoid copyright abuses, please always ensure that it does not violate any copyright-protected works or intellectual property rights.
The novel " Exclusive Possession " was originally published on Qidian Chinese website. Later, the novel was adapted into a manga and TV series. As for the publishing house, because online literature works were usually published by the author himself, the specific publishing house might vary according to the author.