What are the principles for determining the violation of exclusive publishing rights?

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.

Infringements of literary works usually involved two aspects: copyright and adaptation rights. 1. Work copyright: refers to the copyright rights enjoyed by the author of the literary works he has created. Any act of copying, distributing, adapting, translating, performing, broadcasting, displaying, or distributing electronic publication without the permission of any third party would constitute copyright violation. 2. The right of adaptation: It refers to the right to adapt an existing literary work into another work. If any third party who has not adapted the literary work uses the adapted literary work without authorization, it will also constitute an violation of the adaptation right. For example, if someone then adapted it into a TV series or movie. If the adapted work is used by any third party without permission, it will be considered as copyright violation. Similarly, if a certain person then re-created the content, such as creating comics, games, music, etc., it would also constitute copyright. The problem of literary works 'copyright violation requires a concrete analysis of the specific situation. If you have any questions, you are advised to consult the relevant lawyers or copyright agencies.

The adaptation of a novel into a TV series may constitute an copyright violation, depending on the method and content of the adaptation. If the content of the novel itself contains elements of copyright protection, such as specific characters, locations, plots, etc., then if these elements are not retained in the process of adapting the novel into a television series, or if the way these elements are used violates copyright law, it may lead to copyright violation. If the copyright protection measures of the novel are relatively weak, such as only protecting the main plot or the characters, then if the novel is adapted into a TV series and these elements are used without the authorization of the copyright owner, it may also constitute copyright violation. In order to avoid copyright violation, it is suggested to confirm and approve the copyright from the copyright owner before adapting the novel into a TV series, or adopt legal adaptation methods such as authorization adaptation, reasonable quote, etc.

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.