Journal of digital programs and Copyright
Abstract title】 Digital Publishing
The development of digital technology, so that the contents of digital journals, especially the networks, become increasingly important, journal clubs and other
organizations began to get involved in this area. When the technology is no longer a problem after the problem has surfaced copyright. Way to copy a CD-ROM journals,
available to the public through the Internet, transmission journal content, a right
belonging to the author, the author may be permitted to prohibit such behavior. On the other hand, CD-ROM replication and transmitted over the Internet implementation, for the journal's own development also constitute a certain degree of negative impact.
At this point, how the author, magazines and digital copying handle transmission between the three parties of various rights and obligations, is very important.
1, journal of copyright: it is necessary to consider the issue in advance
Discussion of journals to the digitization process involves copyright issues, we should start its own journal to start the relationship between copyright law, this so-called
In the absence of a result of various legal acts to produce more the case of legal
relations in accordance with the law journal editing and publishing mainly related to two aspects of the subject of immediate Publication Press with the author, both from a different point of view has its own journal rights. Following a detailed analysis of the
two sides in accordance with copyright law, statutory entitlements.
1. Author's rights
Journal writer is that his work was published in the journal person. In accordance with copyright law, authors and magazines did not copyright their works done under
the special agreement, the author naturally enjoy copyright of their works.
(1) The author of magazines and journals, including invited to a period of
Publication Press writer and submitted to the draft of the act itself constitutes the right
to a license issued, or authorized magazines in the journal publishes their work. Then, when the works were published, the author published a result of an exhaustion of the right to disappear.
(2) works published in the journal is a one-time use. Because the nature of the
magazine that it can only work published for a certain period of Articles. Consultation of both sides, there are no other circumstances, the work was published, magazines can not on other occasions, the media, in any other use of the work.
- The above analysis shows, for journals published works, magazines published in just one-time rights, other rights remain with authors.
2. The right of magazines
Magazines because of its editing and publishing of this creative activity has been granted the right to copyright law, including copyright and neighboring rights.
(1) as a compilation of works of copyright
Compilation of journal entries as a whole belongs to, while the Copyright Law
Article XIV provides that "... ... compilation of works from the compilation of the copyright people to enjoy." Thus, the periodical press as a journal the author of this compilation of works on the journal as a whole enjoy copyright. So, periodicals and the
content objects of copyright what is it?
Based on copyright law, only the "selection or arrangement of their contents reflects the originality," it constitutes a compilation of works and produce copyright. Thus, journals should be the target of copyright reflects the originality of the "Choose or arrangement." In particular, the journal editors originality is mainly reflected in the editors choice of specific works, sorting, and editing style and so on. Therefore, a small
amount of several articles journal publishers is difficult to explain the subjective ideas and presentation methods, nature could not see any originality. Only journals as a whole, comprehensive survey of all the works of the sequence, and mutual relations,
and editorial skills and methods of the publisher of the creative in order to be seen.
In this way, the contents of the journal copyright is mainly that a person shall without the permission to copy a periodical magazines all or most of the content - if this
copy reflects the creativity of journal publishers.
(2) The layout of the right - the right of the adjacent journal
35th of China's Copyright Law stipulates the right to layout the publication: "Publishers have the right to permit or prohibit others from using their published
books, periodicals layout design." And so the provisions of our law recognizes the right of journal publishers enjoy the layout.
"Layout" that is printed layout format, while the layout is the publication page text,
pictures and other content, style of presentation. Journal's "Layout of the right" is the magazines journals on which it was designed layout format to enjoy the exclusive right to use. Some commentators have also called it "the right of layout design", "version of
the right." Layout of the right is generally regarded as the publisher of the neighboring rights.
In practice, without the permission magazines, others may not copy the layout of their journal. Journal layout replication behavior is mainly, in accordance with the
original journal layout, complete or partial copy journals, publication paper publications, CD-ROM publication, or dissemination on the Internet. And periodical copyright different layouts of the right embodied in the journals of all pages, even if
only one. Copying the information as some publications such as journals, if they are reproduced on the journal article is based on original-type copy, and thus, their
behavior is not only copying the author's use of copyright, but also for the original
layout of the right to use the journal.
In addition, the layout should be designed to cover does not include journals, and other binding designs. Because the cover and binding and design can be enjoyed as a separate copyright works.
Second, journals involved in issues related to digital
Following the above analysis we can see that the number of journals involved in the process of copyright including the author on his single works owned by the author of
rights and magazines owned by the compilation of works of copyright and the right layout. To this end, the legal framework of copyright, from journals to digital technology (including CD-ROM and online), copyright can be discussed solutions to the following categories:
1. Magazines operate their own CD-ROM replication and network transport
services, this time, for the authors Received acts, the way the statement can be deemed to include paper referred journals, CD-ROM and network transmission 3 license. Such
an approach is certainly easy to operate, but not every one CD-ROM magazines will be
carried out two kinds of replication and network transmission services.
2. Magazines operated by third parties other than the CD-ROM copy or network
transmission (hereinafter referred to as digital media), is currently China's major trends in digital journals. At this point, the solution status of copyright issues, there are several scenarios:
(1) The copyright belongs to authors of journal entries, digital media journals
digitized, must go through the author's authorization. Such an approach quite difficult to operate, and even non-human as can be as follows: the number of voluminous works, one by one authority, is very difficult to conduct.
(2) Journal of digital magazines must also obtain the license. Digital Journal Publication Press concerning the layout of the right maturity, as a compilation of copyright works and binding and layout, as well as the name of rights, trademark rights or other. The largest number of thousands of journals, the difficulty is far less
than the authority of the author.
Publication Press menstruation without permission does not infringe on the rights of the digital "journal" at most is an independent database, it impossible to achieve the
effect of digital journal. In addition, the digital media input to the work of the same mass there is a lot of trouble.
(3) it is necessary to obtain permission magazines, but also obtained by permission, and also to the pursuit of efficiency, it is necessary to find better copyright solution. Thus was born the current widespread use of copyright licensing model - by digital
media and the author of magazines tripartite stages participation, a package-style
mandate. Though not in the strict sense of collective management, but no less than its effect, even more than collective management. Reposted elsewhere in the paper for free download http://
3, digital copyright program analysis
As noted above, digital copyright issues journal difficulty lies in the author's permission. To this end, digital media, it is natural to think of a package of collective licensing. The best way to collective authority is through the magazines carried. As a result, we see a large number exist in the journals of the current solutions to the copyright statement.
Through case studies to illustrate the problem. "Intellectual property" is the core journals of China's law, the third phase of its 2005 catalog pages published in two
related copyright statement - "To meet China's information construction, to extend this journal and the author knowledge and information exchange channels, Sinorama has been CNKI Chinese Journal Full-text database contains. its author Article copyright
royalties to use a one-time payment of fees and Articles. free articles cited by statistical analysis. as the author does not agree is included, please contributions from the statement to the Articles, Articles be done properly addressed. "" To achieve the
journal editors, and publication of network, I have been published network 'Wanfang Data - Digital Periodicals'. manuscript upon hiring, shall be deemed consent of the author is included, such as the author does not agree with is included, please manuscripts statement to the Articles, Sinorama will make appropriate treatment. Author Article copyright royalties to use one-time payment fees and Articles. "
At present, CNKI Chinese Journal Full-text Database, Wanfang Data and the
Chongqing PubMed Result NCBI's "Chinese science and technology periodical
database" and so is the number of influential journals and network engineering. Their digital copyright issues in the process of handling of roughly the same.
CNKI is "Chinese Knowledge Infrastructure" in English (China National
Knowledge Infrastructure) for short, as a national key project information, which establishes a number of CNKI databases, such as "China Academic Journal (CD)", "China Journal Network Full-text database, "and so on. Journal digital network
technology to solve the copyright issues, CNKI carried out a lot of exploration and effort. From the CNKI's Web site, people can easily find the relevant journal literature CNKI copyright description.
Allegedly, CNKI the database are made in accordance with law journal editorial
board and other publishing units and literature the author's authorization. Chinese Academic Journal (CD-ROM version) E-magazine and periodical publishing unit
signed the "" China Academic Journal (CD) "into the series of agreement", "China
Journal Net Network Agreement" and other legal documents. On the other hand, compiled into a database CNKI periodical publishing units were also used with the author signed a contract offer, notice expressly, etc., obtained from the authors in the
database in the CNKI permission to use their articles. So far, Chinese Academic Journal (CD-ROM version) E-magazine editor with the Journal of copyright
agreement signed by a variety of more than 17.6 thousand total copies (items) to pay
copyright royalties 12.0785 million yuan.
In addition, CNKI is also in accordance with international common practice, has developed the process of information dissemination in the database related to the protection of intellectual property rules, and technically to give the necessary
guarantees. For example, the user license agreement entered into using the database, limit the scope of database use and a way to prohibit piracy, illegal copying, super-
spreading, using the database illegally published the article, the control database the
price and so on.
CNKI settlement program that copyright in their journal to CD-ROM replication,
network transmission process, all aspects of the rights, interests have been guaranteed as much as possible. First, all contributors can be the default way to agree with the statement magazines, will work to join CNKI database; the same time, he can also be a way to express the statement not to join CNKI database. Therefore, the authors did not lose at the same time of publishing of digital copying and transmission rights. Second, a series of journals digitized license are paid. Digital media operators paid license users of its products (works); digital media operators to magazines paid copyright royalties,
including the author's remuneration; Then authors can get it from the editorial board. - We believe that, at least for now people can explore the program, CNKI such a copyright licensing scheme both lawful and effective, both technically practical and security, the protection of the authors, magazines, digital media, all aspects of the operators interests at the same time, you can promote and facilitate the development and utilization of information resources and cultural development.
In addition to CNKI, there are many others in our journals digital and network operations organizations, which is also reflected in the statement about the journal. "Technology and the Law" in the directory page of the statement, "Articles have joined the" China Academic Journals "(CD-ROM version) and" Chinese Journal
Network "full text databases," Chinese science and technology periodical database "(full version)," China's core journals selected database "," Peking University Law Legal Information Network Literature Database "and its author's copyright royalties
to use a one-time payment fees and Articles. free articles cited by statistical analysis. as the author does not agree with the article into the database, please manuscripts declared, Articles will make the appropriate treatment. "The statement contains the
same legal relationship with the above example.
The Journal of digital practices are being widely used, and that authors have not shown a lot of objections. In our view, from a legal point of view of copyright, this
approach is not inappropriate, but in practice may also have some other than copyright issues.
In the relationship between authors and magazines, the magazines are always in a dominant position, it published a digital copyright declaration is a unilateral act, the
author although the right to declare exclusion, but in practice the number of authors will be able to raise objections ? At least authors are concerned that objection may affect the adoption of manuscript.
* Digital media management products like journals, as a time-limit, as long as the
user needs, it can continue to operate. In this way, how to accurately calculate the author's digital revenue? Only the traditional journal club to pay royalties to the author royalties standard fairness? In fact, many authors, and they will receive royalties from the magazines is not due to any increase in digitization.
4, a negative case
In the journal of digital practice, due to various reasons, some digital agencies failed
to yield any authorization under the act blindly, resulting in the right magazines, the authors of serious violations of the rights. Such a situation would definitely not rare. The most eye-catching, to the number of Chongqing PubMed Result NCBI Information
Co., Ltd. (PubMed Result NCBI Company) copyright infringement case.
According to media reports, since June 1999, PubMed Result NCBI company is operating without any authorization, for more than 8000 kinds of journals scanned entry, the use of original text made "Chinese Journal Database" (also known as "Chinese science and technology periodical database") , to CD-ROM, hard drives, the
Internet as a carrier for published. In October 2000, the National more than 2,000 magazines, journals editorial board will be a lawsuit against the company PubMed Result NCBI (Beijing First Intermediate People's Court accepted). By the end of 2002, Beijing made a first-instance Court ruling determined that the defendant's conduct constitutes a tort, an order to immediately stop the infringement and compensate for
the loss the plaintiff. PubMed Result NCBI company appealed to the Beijing Municipal Higher People's Court. Beijing Higher People's Court on April 8, 2003 Final Verdict, and basic maintenance of first-instance ruling.
The case revealed that China fully digitized journals exist in the process some of the problems:
First of all, the defendants allegedly infringing on the thousands of journals, causing more than 2,000 periodicals class-action suit, the breadth of its infringement, the
circumstances are serious, it is rare. Moreover, the case although not complicated, actually lasted two and a half years.
The defendant has always maintained that his behavior is not illegal, though can not
deny the existence of consciousness of its copyright, but their understanding of copyright law is suspect. The defendant believed that they have with China Copyright Protection Center, Ministry of Unity signed a collective management of copyright use contracts and to obtain the right to use of journal entries. This "faith" has been supported by the defendant did not stop its infringing activities, adhere to its own legitimacy, until the appeal and lost.
This is in the PubMed Result NCBI reflection. Today, PubMed Result NCBI web
site published on copyright issues in reflection and stated that it recognized that "Chinese science and technology periodical database" in copyright protection come a
period of detours, and they are carried out to reflect, to learn a lesson, and promptly
adjust of copyright protection means and methods. In 2001, PubMed Result NCBI copyright administrative management departments at the national guidance and supervision to develop a practical approach to copyright protection. Reposted elsewhere in the paper for free download http://