Ryan writer sued Zhiwang infringement, you may have read his novel
Author:Ruian Rong Media Center Time:2022.08.19
Recently, the news of "19 writers sued Zhiwang's infringement" was circulating on the Internet. The reporter was informed that the lawsuit of Ruian writer Zhu Feng (pen name Suzaku) will be the first court on August 24. Recently, the reporter contacted him.
In December 2021, Zhao Dexin, a retired professor at Zhongnan University of Finance and Economics and Law, informed the web of the network, and received more than 700,000 yuan. In April this year, Shandong female writer Tang Xiaoying informed the web power. Together with the rights lawsuit, the well -known academic platform, China Zhiwang, pushed the forefront, and many writers unexpectedly found that they were also infringed.
Zhu Feng is one of them. He said that in the first half of this year, Chen Jian, the editor -in -chief of the magazine agency and the same writer, said on Weibo that Zhiwang was unauthorized and included his works without authorization. Many writers also had the same encounters. On May 23, Chen Jian and 15 writers submitted a prosecution to the Beijing Internet Court, suing that Zhiwang was published without author authorization and seriously infringed the copyright of the original writer.
This behavior has been supported by many writers. As the incident gradually fermented on the Internet, Zhu Feng and three other writers also joined the prosecution team. "I have also found that the work has been reprinted by other websites before, but it is difficult to investigate by personal ability, and I have too much energy." Zhu Feng said that this time the writers would work together to sue Zhiwang and give him the courage to protect his legal rights. And motivation.
Most of the infringement of Zhiwang is the works that writers have published in the magazine over the years but have not been authorized to Zhiwang. Some writers have not submitted to certain magazines, but they are illegally reprinted. The 19 writers' cases involved thousands of articles and tens of millions of words, and the most of the writers had reached 500, and the most words reached 4.1 million words.
Zhu Feng's indictment mentioned that Zhiwang included his work without authorization, including 20 articles created and published since 2007, a total of 740,000 words. "These works were published in the magazine, and Zhiwang moved over without permission." Zhu Feng said. On August 16, the reporter retrieved these works one by one on Zhizhi.
The lawsuit was filed for the case of infringing the right of the information network of the work.
It is reported that the 19 writers sued the infringement of Zhiwang. Most of the articles' claims were 300 yuan per thousand words, and the total claim amount was more than 7 million yuan. During the mediation stage of the court, Zhiwang adhered to the "copyright statement in the magazine valid, and they obtained the right to spread the information network. It turns out that many magazines will send a statement on the copyright page, saying that all the submission to the society is deemed to be the author's right to the agency automatically.
"The case is not complicated, and there is a precedent for judgment, which is more likely to support litigation requests." Zhu Feng said that both the Beijing Internet Court and the Beijing Intellectual Property Court have effective judgments on the relevant cases of Zhizhi.com. The copyright statement is invalid. He has a certain grasp of the case of the case.
The case will be opened on August 24th on the Beijing Internet Court. At present, Zhu Feng has been fully entrusted to a lawyer. He will watch the trial live broadcast throughout the process. "I hope that Zhiwang will apologize and compensate for losses. More importantly, I hope that through this lawsuit, it will attract more people's attention to intellectual property rights and enhance the awareness of copyright." Zhu Feng said.
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Zhu Feng, pseudonym Suzaku, Ruian Yuhai, "post -70s" writer. He has a wide range of writing, martial arts, suspense, science fiction, and reasoning. He has published a collection of many novels such as "Seven Days" and "Sky Eye Mantra". The "Ten Years of Abduction in Comparative Ten Years" won the Shanhua Award. In addition, novels such as "Hunter" and "Butterfly Change" have been adapted into comics, and the copyright of the martial arts novel "Seven Days" has been sold to film and television companies. According to statistics, he published more than 2 million words of works on major publications.
Lawyer interpretation
Zhu Weifang, deputy director and senior partner of the Zhejiang Universal Council:
Copyright includes personal rights and property rights, and the right to communicate with the work information network belongs to the category of property rights. my country has promulgated and implemented the "Regulations on the Protection of Information Network Communication Rights" as early as July 1, 2006, which protects the rights network communication rights enjoyed by the right holder, including the copyright owner. Due to the popularity and extensive characteristics of network applications, the reprinting of works in the information network is particularly common. Therefore, it is more necessary to regulate such behaviors.
The case states that the behavior that Zhiwang contained and published it without authorization or permission was issued. The rights and regulations of the People's Republic of China Copyright Law and the Regulations on the Protection of Information Network Communication Rights. Such lawsuits have certain representativeness. In the era of information network popularization, it has typical warning significance for how to protect the copyright of the original authors.
Legal basis
"People's Republic of China Copyright Law"
Article 52 If the following infringement acts shall bear civil liability such as stopping infringement, eliminating impact, apology, compensation, losses, etc. according to the situation:
(1) Published without the permission of the copyright owner.
Reporter: Huang Junjun
Edit: Cai Yi
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