Li Yongming Wang Baoke
Why specify whether the National Copyright Administration of income transfer agencies, or copyright collective management organization, can not effectively solve the difficult problem of what has been paid? On the surface, is difficult due to the collection and return of the two difficult problems, but behind the two problems, but it is a serious legislative shortcomings and gaps.
Difficult situation by the refraction of the pay gaps and loopholes in legislation
Copyright Act, twelve allows reproduced work, "as the abstract, the data published in" requirement, the hole opened a violation of the right to amend the protection and integrity of the legal right to the door, has become a reproduced obligation to avoid paying royalties cheating tool. Article copyright law provides that the right to modify and protect the right of integrity are two of the permanent enjoyment of personal rights of the copyright. To this end, the twenty-eighth of the Copyright Law stipulates: "publishers, performers, audio and video recordings, radio stations and television stations in accordance with the relevant provisions of this Law, the works of others, shall not infringe the author's right of authorship, the right to amend, protection works integrity and the right to receive remuneration. "However, the Copyright Act, the provisions of twelve, but not reproduced in other newspapers published in the press can work, but also its data published excerpts or abstracts. If the Copyright Act, thirteen on "newspaper or periodical publisher may make editorial modifications to the work, deletions. To modify the content, it should be with the permission of" requirement to measure 第三 twelve this provision, it is clear there is a clear contradiction.
Supreme People's Court issued the "Trial of Civil Dispute Cases of copyright law applicable to a number of issues of interpretation" of Article XVII of the explanation is reproduced, "is reproduced in newspapers and periodicals published by other newspapers published work behavior", while excerpts and abstracts meaning, judicial interpretation is not to be clear, but according to the CASS Institute of Language, edited and published the "Modern Chinese Dictionary" interpretation of excerpts is defined as "extract down to edit", abstract definition of a "for article, book by a brief summary of the article or refer to the selected clips. " It can be seen reproduced in other newspapers and periodicals are published in full text published work, does not involve modification work; and excerpts and abstracts, whether it is "extracted down to edit", or will work, "a brief summary" or select "Articles fragment" , must necessarily involve changes to the content of the works. Such changes, whether it is extracted, "fragments" to be combined, or be condensed into a "brief summary" to preserve the intent is to lay down a part of the content, plot, discusses the process.
Excerpts as the best reason not unpaid
Many newspapers took advantage of this defect on the copyright legislation and loopholes, excuses excerpts, wanton dismemberment of work, do everything possible to create non-payment or underpayment of the reason for return. There are three common methods:
One summary of the work reproduced for news, headlines, tidbits, anecdotes, etc., published, and shall be handled by current events, just indicate the source, not the Department of the name, is an excuse for the current news from copyright law, do not pay on remuneration. This way, at the moment Digest News pages of all kinds everywhere. The second is the work reproduced dismembered into pieces, excuses do not pay royalties short length. Third, significant reduction in the number of words in compression works, so can its essence, aims to pay less remuneration, but also increase the amount of information publications.
These three techniques are excerpts of the way through the works and the length of compressed words, while retaining the main contents of the work, but not the main content or is deleted, in clear violation "of the Copyright Law," the provisions of article thirty-third . But such disputes went to court, some courts have "Copyright Law" provisions of article thirty-starting, often non-infringement verdict. And some courts have "Copyright Law" provisions of article thirty-third off, then the decision to the contrary. This co-chaos of different contracting, its root lies a few non-law is consistent, making the court system in the maintenance and protection of works excerpts and protection of the right to amend the right of integrity between the two, into a can not justify the embarrassing situation.
Newspaper publishers reprinted excerpts, in addition to the aforementioned three methods to achieve the non-payment or underpayment of royalties for the purpose of work, there is a common practice is to change the title to attract readers to the eye works, while also starting to do so to the role of a cover, so that people around the author and not easily found, which also led to the return of the collection of royalties difficult. Such as Chen Fei v. "Shanxi Commercial Daily" case, the newspaper to Chen Fei, "" warmth "to consider" warm period "," the original by adding a subtitle, into two separate essays, but also in the former a "Let the 'warm' sustained" signed at the end of Wang Rong. This way, if you look topic, even Chen Fei himself, it is difficult to see this is their own work. Assuming the "Shanxi Daily" was changed to the name of two works of copyright royalties paid all agencies, not to mention an article signed by Wang Rong can not be returned to the author, is still after the one that signed Chen Fei, as the title has changed, copyright royalties agency can not be returned to the Chen Fei.
It should be noted that the newspaper did not specify the reason in the reproduced name of the original work, causes the defect lies in legislation. In the Copyright Act, the provisions of the twelve, there is no need to specify the name of the original work requirements. Thus, while the press works in the reproduced free to change the title, but do not need to specify the name of the original work, that is, to pay royalties on, because from the China Copyright Protection Center used since the beginning of the "works of paid newspapers reprinted the table", the bluntly not designed to "Original Title" column.
Amending legislation is to improve the defect system reproduced key press
Newspapers reprint excerpts of legal permission, is an international copyright conventions contrary, is very rare in the world system with Chinese characteristics. According to the State Council issued the "Implementation of International Copyright Treaties", only applies to works of national publications, does not apply to foreign works. Therefore, the implementation of this system, the original rights to the domestic protection of lower than foreign authors. Coupled with the inherent design flaws, resulting in actual operation, not only the author's permission is restricted, and its right to amend the right to protect the integrity of the work and the right to remuneration also be violated. Of course, this system is also worthy of the office - can promote the wide dissemination of works. If you can keep reproduced, cancel excerpts, improve the administrative rules and regulations, supporting the development of regulatory measures, there is hope the system to play its expected functions.
(Note: This item number mentioned in copyright law, according to the serial number of the pre-amended 2010)
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