"Asylum" Internet infringement? The copyright statement does not exempt the "third party" from liability

　　Retired professor sued CNKI and won the lawsuit against

　　“asylum” network infringement?

Copyright statement may not work

　　"The fundamental way to obtain the right to reprint is to obtain the author's consent. Network reprinting, excerpt reprinting without the author's consent will constitute infringement, and unilateral copyright statements do not have legal effect."

　　——Panhe Lin Zhongnan University of Economics and Law, Executive Dean of the Institute of Digital Economy

　　◎He Xinghui, our reporter

　　Recently, the news that Zhao Dexin, a retired professor of Zhongnan University of Economics and Law, won the lawsuit against CNKI, because more than one hundred of his papers were collected by CNKI without authorization. This has aroused great public concern about the protection of Internet intellectual property rights.

　　In reviewing Professor Zhao Dexin’s rights defense case, the reporter found that the copyright statement of the journal that published Zhao Dexin’s paper was once regarded by CNKI as a “shield shield” for "reasonable infringement", but this still failed to become CNKI's escape from pursuit. Reasons for responsibility.

　　The copyright statement does not exempt the "third party" from liability

　　CNKI is currently the "digital library" with the largest amount of Chinese full-text information in the world.

As the operator of CNKI, the China Academic Journal (CD-ROM version) Electronic Magazine once stated that all contents of CNKI have been authorized by the right holder.

　　According to the judgment document, the Chinese Academic Journal (CD-ROM version) Electronic Magazine asserted that, as a journal publishing unit, it has the right to reprint articles that have been published in other journals. The court held that the defendant included the works involved in the case in its database and online The act of providing paid browsing and downloading on the website does not belong to the act of reprinting or extracting between journals.

In addition, the Chinese Academic Journal (CD-ROM version) electronic magazine claimed that the works involved in the case were authorized to be used by the publication unit, but this claim was rejected by the court because it did not submit evidence to prove that the author had authorized the publication unit for the right of information network dissemination.

　　A reporter from Science and Technology Daily noticed that the paper "The Relationship between Cities and Cities in Chinese History" written by Zhao Dexin was published in the 4th issue of "Research on Chinese Economic History" in 2011, and was subsequently included by CNKI.

　　The current issue of "Research on Chinese Economic History" stated when accepting the paper: "This journal has been added to "Chinese Academic Journals (CD-ROM Version)" and "China Journal Network", and the copyright and author's remuneration are paid in a lump sum. If the author disagrees with the article being included , Please state in writing when submitting the manuscript, and this journal will deal with it appropriately."

　　However, unilateral copyright declarations made by journals when accepting papers cannot exempt CNKI for infringements.

Huang Ning, general manager of Guizhou Zhongyun Copyright Technology Co., Ltd. explained that according to the copyright law, once an author submits a manuscript to a journal, it means that the author has agreed to use his paper. Information network dissemination right, but this does not mean that the journal obtains sub-authorization. If the paper is disseminated on other websites, the author's consent is still required.

　　"The fundamental way to obtain the right to reprint is to obtain the author's consent. Network reprinting, excerpting and reprinting without the author's consent will constitute infringement." said Pan Helin, executive dean of the Institute of Digital Economy, Zhongnan University of Economics and Law, a unilateral copyright statement Does not have legal effect.

　　Lawyer Xie Mi from Beijing Rongjun Law Firm also stated that the unilateral copyright statement of the journal cannot prove that it has obtained the rights of sublicensing the work. Once a dispute is encountered, the journal still needs to provide authorization documents.

　　Protection cannot be premised on sacrificing personal rights

　　“Professor Zhao Dexin’s victory is not only to discuss opinions for the majority of authors, but also to affect the business process of relevant journal databases and make them pay more attention to the protection of intellectual property rights.” In an interview with the media, Professor Wan Yong of Renmin University of China Law School said, Few scholars defend their rights in this way, and Professor Zhao Dexin’s behavior is worthy of praise.

　　In recent years, some powerful academic database platforms have started a "scalping" business by collecting a large amount of documents and papers, that is, collecting documents and papers at a small price, but selling them to people who have download needs at a high price.

Some netizens jokingly call this behavior "borrowing chickens to lay eggs". These platforms build "chicken coops" and borrow people's "chickens" and "lay eggs" without paying or paying less rent. The owner of the "chicken" pays dividends, and even the owner of the "chicken" pays for the "egg."

　　Simple knowledge transfer brings huge profits.

Behind the huge profits made by academic databases, similar networks

　　Infringement is just the tip of the iceberg.

　　"Technology makes knowledge cheaper and monopoly makes prices more and more expensive." During the two sessions last year, Ni Minjing, a member of the National Committee of the Chinese People's Political Consultative Conference and deputy director of the Shanghai Municipal Education Commission, publicly called on relevant departments to pay attention to such issues.

He believes that the ecology of this industry has reached a critical point that needs to be reshaped.

　　After the infringement case was exposed by the media, the China Academic Journal (CD-ROM version) Electronic Magazine stated that it would sincerely accept criticism from authors, the media and all sectors of society, comprehensively examine the copyright protection and use authorization methods in the Internet industry, and carefully analyze copyrights. Insufficient work and flaws in each link of the authorization chain, together with the academic journal editing and publishing unit, face up to the problem and solve the problem.

　　Pan Helin said that obtaining copyright authorization is the best way to avoid intellectual property risks.

If CNKI and other publishing units and platforms can thus establish a smooth channel for copyright authorization, and rationally plan the distribution mechanism of copyright benefits, it would also be "eating one's guts and gaining one's wisdom."

A more ideal outcome is that publishing units and platforms like CNKI can return to public attributes, allowing the public to enjoy related services at a lower cost, but this cannot be premised on sacrificing the rights of authors.

　　With the rise of the Internet, a large number of creations can be spread faster and more widely through the Internet, but at the same time they are also facing severe infringement challenges.

Due to the openness of the Internet, people can quickly obtain massive amounts of information through the Internet, but related intellectual property cases often face difficulties in obtaining evidence.

More often, the cost of rights protection often exceeds the losses that can be recovered by rights protection. This may be the reason why many people give up rights protection.

　　Pan Helin said that for the protection of network intellectual property rights, on the one hand, the property rights of digital assets can be confirmed through the blockchain to prevent copying and plagiarism. On the other hand, infringing content can be discovered through search technology and rights protection can be carried out.