问题 问答题

案例分析题:根据所给材料回答问题。(本题10分)2004年初,K出版社与吴亮签订《委托选编合同》, 约定:K出版社委托吴亮组织选编《中国古诗名作》,总字数约60万字;K出版社享有该作品的著作权,选编者对该作品享有署名权;K出版社在该书出版后两个月内按15元/千字的标准付给吴亮一次性稿酬;吴亮应确保不侵犯他人著作权。2004年3月,吴亮又与陈德荣签订《委托选编协议书》,约定的内容只是:陈德荣同意接受吴亮的委托承担选编《中圈古诗名作》的任务;吴亮在书稿交稿后的一星期内,按12元/千字的标准向陈德荣一次性支付选编报酬;陈德荣享有署名权;若出版社编辑对书稿提出意见, 陈德荣应负责处理,直至书稿质量合格。2004年10月,陈德荣将全部书稿交付吴亮。吴亮 按《委托选编协议书》的约定向陈德荣支付了全部报酬, 并将书稿交K出版社。编辑人员在审稿中提出一些意见后,经吴亮将书稿退请陈德荣修改。陈德荣对编辑提出的意她作了处理,并在随附的《稿件处理说明》末尾署“陈德荣”,留了通信地址和电话号码。2005年初,吴亮向K出版社转交了陈德荣修改后的《中国古诗名作》书稿和所附的《稿件处理说明》,并告诉出版社自己即是该书稿的选编者。不久,《中国古诗名作》出版,封面等处的选编者姓名都足“吴亮”。出版社按合同规定向吴亮支付了报酬。2005年6月,陈德荣向法院提起著作权侵权之诉。 诉状称:K出版社未经陈德荣同意。也未签订出版合同,就自行出版了陈德荣的作品,且书上没有标明选编者是陈德荣,这是侵犯了陈德荣合法拥有的发表权、复制权、发行杖、署名权以及获得相应报酬的权利。法院的判决仅认定K出版社应该为侵犯陈德荣的署名权而承担侵权赔偿责任,却不认为K出版社侵犯陈德荣的发表权、复制权和发行权。

问题一:陈德荣的署名权受到侵犯,明明是由吴亮造成的,为什么K出版社也必须承担侵权赔偿责任

答案

参考答案:因为吴亮向K出版社提交的选编者名单与陈德荣在《稿件处理说明》末尾所写的内容存在明显的矛盾,但K出版社却疏于审查,没有尽到合理注意义务,犯有过错。

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How many of us would temp for three years while we waited for the perfect job Not many of us, perhaps. But Wentworth Miller, the "Prison Break" star, said he chose to wait even longer time (1) he found the right job.
"Actually I think it might have been three or four years until I was lucky enough to get guest (2) on TV shows," said Miller, 34, who rose to international stardom (3) to "Prison Break" in 2006. That kind of patience and p will was portrayed in "Prison Break". Miller (4) engineering wizard Michael Scofield, who tries everything to break out of a Chicago (5) with his brother. Miller said he was fond of his character, (6) he said "exists in shades of grey".
Miller comes from a (7) of teachers. He said he didn’t seem fated for a career in the arts, (8) his passion for acting. After (9) from Princeton with an English degree, he moved (10) his parents’ request to Los Angeles to look for a stable life. He started (11) in a little company that made television movies. This (12) simply faxing, filing, walking the boss’ dog and going to the store for the boss’ lunch. Every weekend during the summer, Miller (13) go to the office (14) he didn’t have air-conditioning. "I would hang (15) in the conference room and set up camp and rob the company kitchen," recalled Miller.
(16) , Miller realized he still had questions about his choice. He decided to quit. But the boss said he was making a mistake and offered him a well-paid assistant position. "I eventually (17) that if I did the corporate job, it would be great if I was successful, but I would always wonder about the (18) . If I did the acting and was successful, I would never wonder (19) that job," he explained. He quit and temped (20) many people in the entertainment industry.
Now, he’s a hot star and has people coming up to him at film festivals saying, "Weren’t you the one who (21) to stand by the copy machine "
"That was tough, but I’m glad I have that perspective. Because now I’m at a point (22) big shots laugh at all my jokes and I think, You know, I got coffee for people like you for six years’. So I know what’s (23) , because I’ve seen the other side." But what if, when he was offered the corporate job, there had been more money "It was never about the (24) There’s a kind of excitement that comes along with acting. I can’t find it anywhere else. Even if I had to go back to temping, even if this is not the beginning of an amazing career, I would not (25) making that jum
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