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我国《著作权法》规定:“著作权人向报社、杂志社投稿的,自稿件发出之日起十五日内未收到报社通知决定刊登的,或者自稿件发出之日起三十日内未收到杂志社通知决定刊登的,可以将同一作品向其他报社、杂志社投稿。双方另有约定的除外。”但有些报社、杂志社由于人力、物力等原因,通过“本报启示”或“本刊启事”等形式,声明“自本报(刊)收到来稿之日起,三个月内未收到通知决定刊登的”,才“可以自行处理”。按此“声明”,其处理来稿的时间与著作权法规定的退稿时间明显相冲突。这就引出如下几个法律问题:①与著作权法规定的
According to the Copyright Law of our country, “if the copyright owner submits articles to the newspapers or magazines, it has not received the notice of the newspaper within 15 days from the date of issue of the manuscript or has not received the magazine within 30 days from the date of issue of the manuscript If the newspaper or the magazine decides to publish it, the same work may be submitted to other newspapers and magazines unless otherwise agreed upon by both parties. ”However, some newspapers and magazines use the“ newspaper revelation ”or“ ”And other forms, the statement“ since the newspaper (issue) received the manuscript from the date of receipt of the notice within three months of the decision to publish ”before they“ can be handled. ” According to the “Statement”, the time for handling the manuscript is in clear conflict with the time stipulated in the Copyright Law. This leads to several legal issues as follows: ① with the copyright law