Date of submission: September 2009-1415: 09:13.
Beijing Chaoyang District People's Court
paper of civil judgment
(2009) Chao Min Zi Chu No.04072
The plaintiff, Beijing Xuri Jinbang Education Book Co., Ltd., is located in Room 203, Building 3, No.9 Xiaoying Road, Chaoyang District, Beijing.
The legal representative is Huo Ruifang, general manager of the company.
Authorized Agent: Li Yonghui, lawyer of Beijing Hao Ying Law Firm.
Authorized Agent: Li Haibo, lawyer of Beijing Hao Ying Law Firm.
Defendant Jiangxi University Press, whose domicile is No.96, Hongdu Kitaoji, Nanchang City, Jiangxi Province.
The legal representative is Qiu, the president of the agency.
Authorized Agent: Fu Chenxi, lawyer of Beijing Junyong Law Firm.
Defendant: Beijing Century Excellence Information Technology Co., Ltd., domiciled at Floor 8 19, Yong 'an Dongli, Jianguomenwai Street, Chaoyang District, Beijing.
Legal Representative: Wang Hanhua, president of this company.
Authorized Agent: Gao, lawyer of Beijing Jintai Law Firm.
Plaintiff Beijing Xuri Jinbang Education Book Co., Ltd. (hereinafter referred to as Xuri Book Company) v defendant Jiangxi University Press (hereinafter referred to as Jiangxi University Press) and defendant Beijing Century Zhuo Yue Information Technology Co., Ltd. (hereinafter referred to as Zhuo Yue Information Company). After the court accepted the case, a collegiate bench was formed in accordance with the law and the trial was held in public. The entrusted agents of Sunrise Book Company, Jiangxi University Club and Information Company attended the lawsuit in court. The case has now been closed.
Sunrise Book Company claims that in 2007, our company organized personnel to compile Four Treasures of the Study, a new Chinese curriculum standard for primary school students (referred to as "Xiao" book), and was the copyright owner of the book. On June 9, 2008 165438+ 10/kloc-0, our company purchased the New Book published by Jiangxi University Press in July 2008. Compared with Xiao, Xin's book is suspected of plagiarism in writing style, structure and content, which infringes the copyright of our company. Zhuoyue Information Company failed to fulfill its audit obligation, and also infringed our company's copyright. To this end, our company appealed to the court, requesting the court to order Jiangxi University Press and Zhuo Yue Information Company to immediately stop the infringement, and recover and destroy the infringing book "New Curriculum Standard Primary School Chinese Daquan"; Apologize publicly in national newspapers; Compensation for economic losses of 200,000 yuan; Pay the lawyer's fee of 6.5438+0.5 million yuan, and the book purchase fee of 39.4 yuan.
Jiangxi University Society argues: First, Rising Sun Book Company is not the copyright owner of Xiao, and it does not have the subject qualification. Sunrise Book Company was established on May 6, 2007, May 5438+May, and printed Xiao for the first time in February 2006. Obviously, Sunrise Books can't be the owner of Xiao. Second, when publishing a new book, our agency has fulfilled its obligation of reasonable review and should not be liable for compensation. If it constitutes the responsibility of plagiarism, it should be borne by the author of Xin (). Third, the economic loss of 200,000 yuan and the lawyer's fee of 1.5 million yuan advocated by Rising Sun Book Company are not based on it. The book "New" is a compilation work, and the cited part belongs to the public domain. The number of words in "new" and "small" books is the same and similar, and the statistics of Rising Sun Bookstore are not accurate. To sum up, the court is requested to reject all the claims of Rising Sun Book Company.
Zhuoyue Information Company argues that New Book is a regular publication of Jiangxi University Press. Our company purchases "new" books according to the book purchase contract signed with Jiangxi University, which has legal sources. Our company has taken measures to stop selling "new" books after receiving the prosecution materials in this case. Rising Sun Book Company has no basis for our company's claim, and requests the court to dismiss its claim.
It was found through trial that on June 5438+ 10, 2006, Beijing Jinbang Road Education Book Co., Ltd. signed a book publishing contract with Guangming Daily, stipulating that Guangming Daily would publish Xiao's books for five years, but the contract did not stipulate payment. In February 2007, Xiao was published by Guangming Daily Press. Xiao is edited by Zhen Guanghao and co-authored by Ma Xiuguang and Zhao Tao. The 990,000-word book is priced in 59 yuan. On June 10, 2007, Beijing Jinbanglu Education Book Co., Ltd. issued a statement confirming the transfer of the copyright of the short book to Rising Sun Book Company. In the lawsuit, Zhen Guanghao, Ma Xiuguang and Zhao Tao issued statements respectively, claiming that the copyright of the works written by Xiao Shubu during his tenure in Beijing Jinbangzhilu Education Book Co., Ltd. belongs to Beijing Jinbangzhilu Education Book Co., Ltd., which only enjoys the right of signature. Now the three people agree that Beijing Jinbang Road Education Book Co., Ltd. will transfer their rights to Rising Sun Book Company.
In May 2008, the outsider Huo Ruibin agreed to sign a book contract with Jiangxi University Press instead of (pen name), stipulating that the manuscript Xin published by Jiangxi University Press would have an exclusive copyright period of five years, and the basic remuneration would be 30 yuan per thousand words. In the lawsuit, Zhang Haixia testified in court that Huo Ruibin got her consent before signing on his behalf, but he didn't write this new book. In July of the same year, the book "New" was published by Jiangxi University Press with the signature "Editor-in-Chief Na Ren Ya". The book is 980,000 words, priced in 58 yuan, printed by Beijing Yehe Printing Co., Ltd. in June, 5438 +2009 10, and certified by Beijing Yehe Printing Co., Ltd. to print 800 sample books and 4,000 books.
In contrast, there are 250,000 words in Xin that are the same as or similar to Xiao.
From June 2008 to October 2008, Sunrise Book Company bought a new book from Zhuo Yue Information Company at a price of 39.4 yuan. The "new book" sold by Zhuo Yue Information Company was purchased from Jiangxi University Press.
In this case, Rising Sun Book Company spent 1.5 million yuan.
The above facts are supported by the book publishing contract, the statements of Zhen Guanghao, Ma Xiuguang and Zhao Tao, the copyright statement of Beijing Jinbangzhilu Education Book Co., Ltd., the book contract, Zhang Haixia's testimony, small books, new books, sales book invoices, delivery vouchers, lawyer's fee invoices, statements of the parties, etc.
We believe that according to Xiao's signature, statements by Zhen Guanghao, Ma Xiuguang and Zhao Tao, and the copyright statement of Beijing Jinbanglu Education Book Co., Ltd., it can be confirmed that after June 2007, Xiao's copyright belongs to Sunrise Book Company, and Sunrise Book Company has the right to license others to copy and distribute Xiao and get paid.
In this case, the content of the new book published by Jiangxi University Press is the same as that of the short book. Although Jiangxi University Press submitted a book contract, Zhang Haixia, the author of the contract, has appeared in court to declare that he did not write the New Book. According to the ascertained facts, the person who signed the contract was not Zhang Haixia himself. Jiangxi University Press failed to check the author of the title of the book contract, so it failed to fulfill its duty of reasonable care and was subjectively at fault. There are some similarities and similarities between new books and short books, but this part of Jiangxi University Club is not authorized by law, and its behavior constitutes infringement. Jiangxi University Club should bear the responsibility of stopping the infringement, compensating the losses and bearing the reasonable litigation costs of Rising Sun Book Company. Regarding the request for apology advocated by Sunrise Book Company, because the Jiangxi University Club did not infringe the personal rights of Sunrise Book Company in this case, the request could not be established, and our hospital did not support it. The "new" series of books sold by Zhuo Yue Information Company were purchased from Jiangxi University Press, and they have legal sources, so they should only bear the responsibility of stopping sales.
To sum up, according to the provisions of Article 47, paragraph 1, Article 48 and Article 52 of the Copyright Law of People's Republic of China (PRC) and Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, the judgment is as follows:
First, the defendant Jiangxi University Press stopped publishing the "New Curriculum Standard Chinese Four-Library Encyclopedia for Primary Schools" containing the infringement involved;
2. The defendant Jiangxi University Press shall compensate the plaintiff Beijing Xuri Jinbang Education Book Co., Ltd. for the economic loss of 30,000 yuan within ten days from the effective date of this judgment;
3. The defendant Jiangxi University Press paid the plaintiff Beijing Xuri Jinbang Education Book Co., Ltd. a reasonable fee of 5039 yuan and 40 cents within 10 days from the effective date of this judgment;
Fourth, the defendant Beijing Century Excellence Information Technology Co., Ltd. stopped selling the "New Curriculum Standard Chinese Sikuquanshu" containing the infringing content involved;
Five, reject the plaintiff Beijing Rising Sun Jinbang Education Book Co., Ltd. other claims.
If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC).
The case acceptance fee is 4,526 yuan, which shall be borne by Beijing Xuri Jinbang Education Book Co., Ltd. 1526 yuan (paid) and the defendant Jiangxi University Press shall bear 3,000 yuan (paid within seven days after this judgment takes effect).
If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Beijing No.2 Intermediate People's Court.
Presiding judge Pu Xiang
Acting Judge Li Zizhu
Acting Judge Yang
June 2009 1 1 day
Bookkeeper Bo Wen