1、 Difference and connection between copyright and publishing right

Let's start with copyright. When a book is completed, no matter whether it is registered or not, as long as it is completed by the author, the author has the copyright. This copyright includes the personal rights and copyright property rights of the work. The author can deal with the work in any way, including modification, application, gift and inheritance.

The official interpretation of publishing rights refers to that the publishing unit, through a contract signed by a collaborator, obtains an exclusive right to publish the author's work within a predetermined period or region.

The publishing right and copyright belong to a subordinate relationship. The publishing right is one of the many rights of copyright, and the publishing right belongs to copyright.

The author of a work enjoys the copyright. The publishing right is that the author grants the right to publish and distribute to the publishing unit, so the publishing unit has the publishing operation right or publishing business right.

2、 Term of copyright protection

To calculate the term of protection of copyright, we should first distinguish the type of rights and authors.

As for the personal rights of the author, that is, the author's right of authorship, the right of amendment, the right to protect the integrity of the work and other rights, the Copyright Law stipulates that the term of protection of the above rights is not limited.

As for the property rights of works, that is, the rights of reproduction, distribution, exhibition, adaptation, and information network transmission, if the author is a citizen, the Copyright Law stipulates that the protection period of the above rights starts from the completion of the creation and ends on December 31 of the 50th year after the death of the citizen.

In the case of works of legal persons and works of employment, the term of protection stipulated in the Copyright Law shall expire on December 31 of the 50th year after the first publication of the work, but if the work has not been published within 50 years after the completion of the creation, the Copyright Law shall no longer protect it.

3、 Legal basis

Article 2 of the Copyright Law, works of Chinese citizens, legal persons or organizations without legal personality, whether published or not, shall enjoy copyright in accordance with this Law.

The copyright in the works of foreigners or stateless persons, which is enjoyed in accordance with an agreement concluded between the country to which the author belongs or the country of his habitual residence and China or an international treaty to which both countries are parties, shall be protected by this Law.

Works of foreigners or stateless persons that are first published in China shall enjoy copyright in accordance with this Law.

The works of authors from countries that have not signed agreements with China or are both parties to international treaties, as well as works of stateless persons, which are published for the first time in a member country of an international treaty to which China is a party, or published simultaneously in a member country and a non member country, shall be protected by this Law.