Traditional Culture Encyclopedia - Traditional customs - Is online reprinting infringing?
Is online reprinting infringing?
Whether it is illegal or not depends on the purpose of copying other people's works. If it is used for one's own study and appreciation, according to the first paragraph of Article 22 of the Copyright Law, "for one's own study, research or appreciation of the published works of others" may be used without the permission of the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner according to this Law shall not be infringed.
As long as it is not aimed at Ding Ying or maliciously tampering with other people's articles, there will be no problem.
Of course, it doesn't matter if you collect it yourself, but I suggest that you don't make his articles public, because he may be unhappy because of his intellectual property rights.
Whether online reprinting is infringing or not.
Technology Share-holding Agreement Party A: Party B: XX Co., Ltd. (non-technical shareholder), on the basis of equality and voluntariness, and through full consultation, Party A and Party B hereby enter into this agreement for compliance and performance: Article 1: Party A shares the XX technology it holds as intangible assets in XX Co., Ltd., and both parties agree that the existing shareholders of Party B determine that the technical value of the first-phase project of the company is RMB 2 million, and three shareholders of Party B XX subscribe for the technical value according to their shares, and submit it to Party A for one-time registration. Party A promises that there are no other requirements for the proportion of technology shares in later projects; Party B promises that Party A's technology shares will still account for 20% of the company's capital in later projects. Article 2: Party A shall provide relevant technical information in time, give technical guidance and impart technical know-how, so that the technology can be transferred to XX Company smoothly and be digested and mastered by the company. Article 3: The parties to the agreement of Party A and Party B promise to keep any technical secrets and proprietary information provided and disclosed as a result of this technology shareholding strictly confidential, and will not provide them to any third party for possession or use in any way, nor will they be used for other business activities unrelated to the production and operation of XX Company. Article 4: After the technological achievements become shares, Party A obtains the shareholder status, and the above technologies are enjoyed by XX Company. Article 5: Party A does not enjoy the ownership of the company's fixed assets, but enjoys the dividend right of the company's income before Party B recovers the registered capital investment; When Party B recovers the registered capital investment, Party A enjoys the permanent ownership of the assets, and the technical problems arising thereafter belong to the normal production and operation of the company. Article 6: All disputes arising from or related to the performance of this Agreement shall be settled by both parties through consultation in accordance with the Articles of Association of XX Company. Article 7: Liability for breach of contract: Party A shall not bear the technical responsibility for the losses caused to Party B by non-technical reasons; For the losses caused to Party B due to technical reasons, Party A shall bear the corresponding limited liability with its shares in the company. Where Party B's breach of contract causes losses to Party A, Party B shall bear the corresponding limited liability with its shares in the company. Article 8: Due to the historical reasons and particularity of the technical sources mastered by Party A, in case of infringement, both parties shall handle it together, and Party B has the responsibility to assist Party A in handling the infringement; For the losses caused to Party B by infringement, Party A shall bear the corresponding limited liability with the company shares it holds. Article 9: This contract shall come into effect after being signed and sealed by all parties to the agreement. The original of this contract is in octuplicate, each party holds four copies, and each copy is equally authentic. Note: Party A's technology has not been certified by industry and commerce. When the company was registered, Party A registered with 2 million cash.
Does it constitute infringement that the article is reprinted by the website?
Recently, an article I wrote was published online. Later, I found that my articles were reprinted by more than a dozen other websites, and those websites neither agreed with me nor paid me the remuneration. Excuse me, does the behavior of those websites reprinting my articles constitute infringement? What if you want to sue? Luo Answer from Henan Law Firm: China's Copyright Law stipulates that copyright includes the right to disseminate information on the Internet, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place of their choice. According to this article, copyright owners have the right to use their online works. The law stipulates that "using other people's works should be paid without paying" is an infringement. Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes stipulates that a work that has been published in a newspaper or spread on the Internet does not constitute infringement unless the copyright owner declares that it is not allowed to reprint or extract, or newspapers, periodical agencies and Internet service providers are not allowed to reprint or extract upon the authorization of the copyright owner. However, if the reprinted or extracted works are beyond the scope of reprinting works in relevant newspapers and periodicals, they shall be deemed as infringement. Therefore, if you declare that reprinting is not allowed when you publish an article online, reprinting on other websites is infringement; In other words, although you didn't make a statement that reprinting is not allowed, other websites didn't pay you when reprinting, which should also be infringement. The infringer may be required to bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses. Judicial interpretation also stipulates that online copyright infringement disputes shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant lived. Infringement sites include the locations of network servers, computer terminals and other equipment that carry out the alleged infringement. If it is difficult to determine the place of infringement and the defendant's domicile, the location of the computer terminal and other equipment where the plaintiff found the infringing content can be regarded as the place of infringement. In addition, Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes stipulates that copyright civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level.
Is it infringing to reprint information articles on websites? 50 points
All works enjoy copyright, and the owner of copyright is the author of the work. So, what is a "work"? Is the article reprinted on the website a "work"?
Article 3 of China's Copyright Law stipulates: "Works mentioned in this Law include works of literature, art, natural science, social science, engineering technology and so on. Creation in the following forms: (1) written works; (2) Oral works; (3) Music, drama, folk art and dance works; (4) Works of fine arts and photography; (5) Movies, television and video works; (six) engineering design, product design drawings and descriptions; (seven) maps, schematic diagrams and other graphic works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations. "
According to the provisions of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (hereinafter referred to as the Supreme Court Interpretation), works protected by copyright law include digital forms of various works as stipulated in Article 3 of the Copyright Law.
Therefore, the conclusion is clear. As a digital form of written works in paper media, the articles reprinted on the website are copyrighted, and the copyright owner is still the author of the written works.
Second, whether the website can reprint articles published in newspapers, magazines and other traditional media or other websites.
According to the provisions of China's copyright law, copyright includes the right to publish, the right to use and the right to receive remuneration. The interpretation of the Supreme Court also stipulates that "the dissemination of works to the public through the Internet belongs to the way of using works stipulated in the Copyright Law, and the copyright owner has the right to use or license others to use works in this way and get remuneration from it."
According to the interpretation of the Supreme Court, a work that has been published in a newspaper or spread on the Internet does not constitute infringement unless the copyright owner declares or the network service provider who uploaded the work is entrusted by the copyright owner to declare that it is not allowed to reprint or extract, and the website reprints or extracts it and pays remuneration in accordance with relevant regulations and indicates the source.
In other words, it is legal to reprint other people's works on the website if the following two conditions are met:
1. The copyright owner or the network service provider entrusted by the copyright owner has not made a statement not to reprint or extract articles;
2. Pay the remuneration and indicate the source.
Otherwise, it is infringement.
In addition, according to the provisions of Article 22 of the Copyright Law, the use of published works by others for personal study, research or appreciation belongs to the scope of reasonable use, and the author does not need to be paid, but the author, source and other information need to be indicated. The question now is: How many websites are "for personal study, research or appreciation"? The purpose of website reprinting is always to enrich the content of your own website with the help of articles from other websites, so as to attract more people to visit, more or less for commercial purposes.
Third, the website reprinted articles and payment standards
For the standard of remuneration, please refer to the Provisions on Remuneration for Published Works issued by the National Copyright Administration in April. 1999. If a work is published in a newspaper without an agreed remuneration standard, it shall be paid to the copyright owner according to the remuneration standard of not less than 50 yuan per thousand words.
As for the payment of the manuscript fee, the website generally needs to contact the copyright owner to remit the manuscript fee; If the copyright owner cannot be contacted or the address of the copyright owner is unknown, the remuneration can be sent to China Copyright Protection Center for collection and transfer within one month in accordance with the Provisions on Remuneration of Published Literary Works. If the goods are not delivered in accordance with the regulations, a late fee of 5% of the payable remuneration will be charged for each month overdue.
4. Can websites prohibit other websites from reprinting works published on their own websites?
I saw that many websites have a copyright statement on their home pages: "All rights reserved, no reprinting without permission". Is this statement true? Can websites prohibit other websites from reprinting works published on their own websites?
According to the interpretation of the Supreme Court, websites have the right to reprint and extract each other, and the right to reprint articles in websites still belongs to the original author. Websites that reprint or extract articles are legally entitled to reprint as long as they indicate the source of the articles and pay the author's manuscript fee.
The right to prohibit websites from reprinting their own works belongs to the copyright owner. Therefore, the notice of "All rights reserved, no reprint without permission" is generally invalid unless the website is authorized by the author. ...& gt& gt
Does it constitute infringement to reprint the content of the website?
Constitute infringement.
Copyright law of the people's Republic of China
Article 22 Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;
Does reprinting a website also count as reprinting content? Is it infringement?
According to Chinese laws, reprinting website links is not an infringement. I can take legal responsibility. Of course, obscene websites, gambling fraud websites and phishing websites cannot be made illegal.
Is it infringement to reprint novels on web pages?
If the novel passes the copyright certification, it is piracy.
Does the website need to bear legal responsibility for reprinting false information?
Take joint and several liability. The legal basis is as follows:
Article 36 of Tort Liability Law: Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability.
If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the enlarged part of the damage.
Is it infringement for the website to reprint CCTV programs?
If reproduced for non-profit purposes, reproduced for netizens to watch without infringement.
Is it infringement to reprint online novels on the post bar?
No matter where it is reproduced, as long as it is not approved by the copyright owner, it is an infringement, and the legal basis is the copyright law.
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