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在我国,出版者应尽的合理注意义务属于法定义务。实践中,出版者因未尽到合理注意义务而被法院判决与侵权作者共同承担连带赔偿责任的不在少数。文章仅就出版者对“出版行为的授权”应尽之合理注意义务的情形,主要围绕出版者对授权主体的签约资格,出版者对授权主体的意思表示,以及出版者对作品的著作权归属应尽的合理注意义务等3方面提出自己的思考。
In our country, it is legal obligation for publishers to make reasonable due diligence. In practice, publishers have not been discharged to the due diligence obligations by the court and the author of the infringement jointly and severally liable for joint and several liability. Article only on the publisher of “Authorization ” should pay due attention to the obligations of the situation, mainly around the publisher of the authorization of the signing of the main qualifications of the publisher of the main body of the meaning of the expression, and the copyright of the work of the publisher Attribution should be made reasonable care and other aspects of the three aspects put forward their own thinking.