问题 问答题 案例分析题

2004年年初,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》,约定的内容是陈德荣同意接受吴亮的委托承担选编《中国古诗名作》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见作了处理,并在随附的《稿件处理说明》末尾署名“陈德荣”,留了通信地址和电话号码。

2005年年初,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是“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、发行权、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。

出版《苏联解体前后》一书必须办理哪些手续?

答案

参考答案:

应该办理的手续有年度选题计划补报,重大选题备案,专项选题报批,引进出版的合同等材料报著作权行政部门审核、登记。

单项选择题
单项选择题

Raymond Arth knows he should feel better about the economy. His company hasn’t returned to its pre-recession revenues selling its wares to the makers of RVs and manufactured homes, but it is making a profit again. Like too many other small-business proprietors, Arth doesn’t fully trust this economic recovery. While he says he’s "guardedly optimistic" about it, his actions are all about the first half of that phrase,

In the Labor Department’s latest snapshot of the country’s job market, the private sector added 268,000 jobs in April, the largest gain in five years and the third consecutive month of solid job growth. Yet a more sobering account of where the economy might be headed—and arguably a more accurate barometer of the near-term future—is the monthly report published by the National Federation of Independent Business. After all, it’s small businesses, which have created two out of every three new jobs the economy has added since the early 1990s, that historically have led the country out of recessions. And it’s the owners of small businesses that the NFIB surveys each month for its Small Business Optimism Index.

On that front the news is anything but good. The index is down for the second straight month. Fewer small-business owners expect conditions to improve over the next half year a drop of 18 percentage points from January. The bulk of new hiring must be happening inside larger corporations, since their smaller counterparts on Main Street say they are generally reluctant to create new jobs. That aptly sums up the sentiments of Scott Lipps, the president of the Sleep Tite Mattress Factory. Before the downturn, Lipps says, his sales were about evenly split between his medical clients (hospitals and nursing homes) and consumers buying mattresses through a factory outlet. But sales to the general public plummeted starting in 2008.

"The families affected most by the economy have stopped buying," Lipps says. "And those who say ’We have to have a new mattress’ are downgrading to a medium-quality mattress. " Despite a 20 percent drop in sales, Lipps and his partner tried to forestall the inevitable by putting up $ 70,000 of their own money. But in 2010 they laid off three of their 18 full-time employees. "It should have happened in 2009, but we let our hearts run the company instead of our billfolds," Lipps says.

In Bartlesville, Mat Saddoris is feeling relatively more upbeat. Saddoris is the third-generation owner of United Linen, a restaurant-supply company that cut its workforce by more than 10 percent during the downturn’s darkest days. Revenues are back up to pre-2008 levels, and United Linen is back to its pre-recession staffing of 135 employees. But will he take the risk of growing the company "I talk to my customers and they’re optimistic—to a point," he says. "They’ve all come back from the pits, if you will, and things have been getting better in the past six or seven months. " But, he says, "I don’t think they’re ready to announce that things have turned around. \

From the last sentence of the first paragraph we know that Raymond Arth()

A. is fairly optimistic about the economic recovery

B. sold his products well in the first half of the year

C. never knows when his business will stop making a profit

D. is very cautious about the present economic situation