问题 问答题 案例分析题

1999年6月N出版社出版《××帆》一书后,发现Q出版社于1999年7月出版的《××河》一书的作者、内容均与《××帆》相同。N出版社即向人民法院起诉Q出版社侵犯其专有出版权,要求Q出版社停止侵权、赔偿损失。但Q出版社反诉N出版社侵犯其专有出版权,要求N出版社停止侵权、赔偿损失。

经法院调查,作者周某于1998年5月将《××帆》投寄N出版后6个月不见回复,也不见退稿,遂写信给N出版社要求退稿,仍无回复。周某便将稿件转投Q出版社。Q出版社决定采用,于1999年4月与周某签订了出版合同,1999年7月《××河》按期出版。N出版社因编辑人员调动,工作衔接不上,未及时与作者周某联系,也未订立出版合同,但比Q出版社早一个月出版了他的作品。

在这种情况下,N、Q两家出版社谁享有该作品的专有出版权?为什么?

答案

参考答案:

Q出版社享有该作品的专有出版权。N出版社因内部原因,没有按期答复周某,也没有签订出版合同,就丧失了该作品的专有出版权,虽然早出版1个月,但仍属侵权。Q出版社在收到稿件后,迅速签订了出版合同,并于1999年7月按期出版。根据《中华人民共和国著作权法》规定,在合同约定期限内享有专有出版权。

单项选择题
单项选择题

A few years ago it was popular to speak of a generation gap, a disagreement between young people and their elders. Parents said that children did not show them proper respect and obedience, while children complained that their parents did not understand them at all. What had gone wrong Why had the generation gap suddenly appeared Actually the generation gap has been around for a long time. Many people argue that a gap is built into the fabric of our society.
One important cause of the generation gap is the chance that young people have to choose their own ways of life. In more traditional societies, when children grow up, they are expected to live in the same area as their parents, to marry people that their parents know and agree to, and to continue the family occupation. In our society, young people often travel great distances for their education, move out of the family home at an early age, marry or live with people whom their parents have never met, and choose occupations different from those of their parents.
In our easily changing society, parents often expect their children to do better than they did: to find better jobs, to make more money, and to do all the things that they were unable to do. Often, however, the p desire that parents have for their children are another cause of the disagreement between them. Often, they discover that they have very little in common with each other.
Finally, the speed at which changes take place in our society is another cause of the gap between the generations, In a traditional culture, elderly people revalued for their wisdom, but in our society the knowledge of a lifetime may become out of date overnight. The young and the old seem to live in two very different worlds, separated by different skills and abilities.
No doubt, the generation gap will continue to be a feature of American life for some time to come. Its causes are rooted in the freedom and changes in our society, and in the rapid speed at which society changes.

The main idea of the first paragraph is that ______.

A.the generation gap suddenly appeared
B.the generation gap is a feature of modem social life
C.people can reduce the generation gap
D.many critics argue over the nature of the generation gap