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出版者对其出版行为的授权、稿件来源和署名、所编辑出版物的内容等未尽到合理注意义务的,应承担赔偿责任。但在司法实践中“合理注意义务”有扩大为审查义务的现象,让出版社去承担审查义务,对出版社的要求是超出其业务能力范围的,不符合我国著作权法的立法原则、也不利于促进出版和版权产业的发展。
The publisher shall not be responsible for its due diligence, the source and signature of the manuscript, the content of the edited publication, etc. without reasonable care of his duty, and shall be liable for compensation. However, in judicial practice, there is a phenomenon of “reasonably paying attention to obligations” that has been expanded to review obligations, allowing publishers to undertake reviewing obligations, publishing companies’ requirements beyond the scope of their operational capabilities, and inconsistent with the legislative principles of copyright law in our country. Nor conducive to promoting the development of publishing and copyright industries.