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What should I do if the article is infringed
Infringement of articles is a very troublesome thing, ranging from being asked to delete articles by the author to taking legal responsibility, so we certainly can't step on this high-voltage line. But sometimes, when we encounter some good articles that we want to reprint, what can we do to avoid the risk of infringement? Let's take a look at ways to avoid article reprinting infringement. Classic infringement case sharing WeChat official account plagiarizing the defendant to court. Beijing Advantage Zero One Advertising Co., Ltd., the official account of WeChat under its name, issued the first written work "Who will become the fifth municipality directly under the Central Government?" The company found that a consulting company in Shenzhen published the work "Five Seed Cities" on its official WeChat account on February 17. Who will be the next municipality? The title is similar to the works published by the original author, but the content is exactly the same. Therefore, Advantage Zero One Company brought a consulting company in Shenzhen to court. Under the auspices of the court, the two sides reached a mediation. The defendant compensated the plaintiff for 6.5438+0 million yuan and issued an apology statement on its official WeChat account. The defendant said in court that this is the price paid for not knowing the law. Now they have indicated the original author and source in time when forwarding other people's articles. From 20 13 to 20 15, Zhang published novels such as Legend of the Tycoon on his self-built Fengyun Literature Network without the permission of the copyright owner, and illegally profited from Baidu advertising alliance by publishing advertisements on the website, with an illegal business amount of 67,000 yuan. 20 16 12 16 The People's Court of Zhangjiagang City, Jiangsu Province made a criminal judgment according to law: Zhang was convicted of copyright infringement, sentenced to three years and ten months in prison and fined RMB340,000. An associate professor was sentenced to apologize and pay 8000 yuan for plagiarism in a newspaper. An article published by an associate professor in a university in Zhejiang Province in a southern newspaper was discovered by Jiangsu writer Ye Linong, who seriously copied his creative achievements which lasted for more than ten years. Although the associate professor admitted plagiarism in the apology letter, the explanation was caused by editing by the publishing unit. Ye Linong believed that "the apology was not sincere and did not feel respect" and appealed to the court. Changshu People's Court found that the article published by the professor was similar to 10, with a full text of more than 3,900 words and a plagiarism length of about 2,000 words. Finally, the court found that the defendant had plagiarized, and ordered the associate professor to issue an apology statement in a southern newspaper, and compensated the plaintiff Ye Linong for economic losses of 6,000 yuan and paid spiritual comfort of 2,000 yuan. Important provisions of the Copyright Law Chapter I Article 5 This Law does not apply to: (1) laws and regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations; (2) current affairs news; (3) calendars, general digital tables, general tables and formulas. Interpretation: In addition to the relevant documents of state organs, news itself can also be reproduced, but it is limited to the objective part of news reports, and subjective comments cannot be reproduced. Chapter II Article 12 The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged it, but the exercise of copyright shall not infringe the copyright of the original work. Chapter II Article 14 Where a number of works, fragments of works or materials that do not constitute a work are compiled, and the selection or arrangement of their contents reflects originality, the copyright of the compiled work shall be enjoyed by the assembler, provided that the exercise of copyright shall not infringe upon the copyright of the original work. Explanation: This provision is the same as Article 12 of Chapter II, mainly because the original author still retains the copyright, which will not disappear under any adaptation, compilation or translation. Chapter II Article 22 Under any of the following circumstances, a work may be used free of charge without the permission of the copyright owner, provided that the author's name and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) to study, study or appreciate the use of published works by others for one's own sake; (2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems. Interpretation: quoting sentences, chapters and even opinions in the original author's article will not cause infringement problems, but the quoted part should be related to the context, and it is best to clearly mark the original author's name and the source of the article. Chapter IV Article 35 For the publication of a work resulting from adaptation, translation, annotation, collation and assembly of an existing work, the permission of the copyright owner of the adaptation, translation, annotation, collation and assembly of the work and the copyright owner of the original work shall be obtained, and remuneration shall be paid. Click to view the full copyright law. Draft washing also infringes the so-called draft washing, which refers to the so-called "original article" that replaces synonyms, changes the writing structure and disrupts the logical order of others' articles, but the main idea and central idea of the article remain unchanged. This practice is also infringing, but it is also difficult to crack down. Why? Due to the complexity of manuscript washing methods, there are usually the following methods: 1, pseudo original substitution words. This is the simplest way to replace the text in the article with tools. Although it may not be smooth enough, it is extremely efficient to wash the manuscript. There are also some manual changes. Although manuscript washing is inefficient, it reads more smoothly than machine washing. This practice is also called pseudo original. 2. Many articles are integrated and pieced together. Integrating articles of the same type with similar ideas on different platforms, extracting a few paragraphs from each platform, sorting out the logic and order, becomes a manuscript-washing text, but the words and expressions in it have not been replaced. 3. Copy translation across time and space. Some people will move the high-quality content from one platform to another intact, claiming to be their original works, or directly translate foreign articles and works, but will not indicate who the original author is. There are also some direct modifications. 4, change the soup without changing the medicine. This method belongs to the combination of 1 and 2 methods, that is, choose your own topic, then collect articles from many parties and simply replace words and sentences. , or directly quote other people's articles, so it is difficult to tell whether it is a manuscript. Form of infringement: 1. Plagiarism: Don't quote other people's documents as if those opinions were your own. 2. Sentence plagiarism: if you don't organize other people's opinions, you will plagiarize the original words without quotation marks, even if you add references, it is plagiarism. Even if quotation marks are added, it is plagiarism, such as more than three sentences. 4. Reorganize the sentence, but the whole paragraph is very similar to others', especially the key verbs. Sentence structure is the same, but also plagiarism. 5. In addition to copying completely, the following treatment is plagiarism (1). Delete a few sentences (2) reverse the sentence order (3) add a few sentences (4) only change some verbs and a few words, but the overall structure is the same. Cao mentioned in "Research on Unfair Competition in Intellectual Property" that China's "Anti-Unfair Competition Law" No.5, if others use the name, logo and decoration of a work without authorization, causing confusion and confusing buyers, constitutes unfair competition. In other words, if someone washes other people's articles for a long time without indicating the source, which leads readers to confuse the source of the articles, it can constitute unfair competition. How to avoid article infringement When you see a good article, copy and paste it directly, which is the most likely to cause infringement trouble. This is not to say that as long as it is reproduced, it will definitely infringe, but we must pay attention to the provisions of the author and the publishing platform, so naturally we don't have to worry about infringement, and we can also avoid copyright issues well. So, how to avoid infringement by reprinting articles? Understand the source channel of the article. Different sources of articles have different requirements for copyright. It is necessary to know what the source channels of these articles are. Generally speaking, platforms that are active from media authors are usually not allowed to reprint at will, and you need to contact authorization before reprinting. For example, it is easy to cause infringement problems by directly reprinting the following platforms: self-media platform: WeChat official account, Weibo, Penguin, Baijia, Big Fish, Today's headlines, a little information, Sohu self-media, Netease, interesting headlines UCG platform: Zhihu, Tigers, Simple Books, Douban, Xiaohongshu, Aunt Zhang's news platform: Tiger Sniffing, 36kr, Shell, Snowball, Interface News, Starting a Dark Horse Industry. If you want to collect this article, you can't collect it from the source code of the web page at will. You should contact the platform or the author. According to the copyright law, some news reports are allowed to be reproduced without subjective comments or descriptions. 2002110 year10 20th, the National Information Office publicly released the latest version of the list of Internet news information contributors, that is, the white list of Internet contributors, covering 1358 contributors such as central news websites, central news organizations, industry media, local news websites, local news organizations and government affairs publishing platforms. These news platforms can reprint articles without contacting the platform (without making any subjective comments on the articles). Tips: The appendix to the white list of news websites indicates at the end of this article that the copyright of some articles has not been bought out and belongs to the author, not the platform. Authors with strong awareness of rights protection will add notes at the beginning or end of the article, telling them whether to reprint it for free, pay for it or reprint it with permission. This is an effective statement, and the latter two reprints need to get in touch with the author before reprinting, otherwise the article will be infringed. Indicate the contact information to avoid litigation. If it is really necessary to reprint an unauthorized work, but the original source of the article cannot be found and the right holder can be contacted, the contact information for collecting the manuscript fee can be indicated at the end of the article. Although infringement can not be completely avoided, it can reduce the litigation risk, at least reduce the subjective malignancy of infringement. Having a statement does not mean that some non-infringing platforms will reprint other people's articles and make comments at the end. The source of the article is unknown, and the author cannot be contacted when reprinting the article. Therefore, the original author and source are not indicated, and the infringement issue is not responsible. This statement has no legal effect, so when the author files an infringement lawsuit, the platform still needs to bear the responsibility. How to reach a settlement with the author in case of infringement? When confirming that the article is indeed infringing, the reprinting party usually has only two choices: deleting the article and publicly apologizing. The original author will ask the reprinting party to delete the infringing article, and at the same time publicly publish an apology statement on the platform where the reprinting party publishes the article daily, and it must be in a conspicuous position. However, due to the well-known reprinting party, there is another way if the public apology hinders its authority and credibility. Keep the article and pay the remuneration. Keep the article and pay the remuneration. With the permission of the author, the author's article can still be reproduced, and the original author can be paid a certain remuneration. The National Copyright Administration's Notice on Standardizing the Copyright Order of Reprinting on the Internet and the Measures for Paying Remuneration for Using Written Works stipulate that 80-300 yuan per thousand words. The number of words can be calculated by using www.mingmu.net/zishu.html as a reference. After the payment is completed, the reprint can obtain the right to reprint the article, and there is no need to make a public statement to apologize to the original author. Some authors, due to lack of time, or unable to investigate the reprints of potential infringement one by one, will entrust some institutions to conduct testing, coordinate communication and compensation. At present, the copyright protectors of original authors with a huge network are mainly fast copyright and rights defenders, and they are also the first choice for most media people to protect their rights. The Rights Protection Bar originated from the original rights protection agency auction initiated by the original author in Zhihu last time, and was established by six friends who participated in the rights protection envoy action at that time, providing effective and convenient copyright for the original authors in China. It mainly provides creators and copyright owners with services ranging from copyright confirmation and management to data monitoring, copyright protection and trading. Fast Copyright Fast Copyright is a regular Internet copyright service website, and all legal services of this platform are provided by Zhejiang Ge Bing Law Firm. Committed to building a one-stop copyright trading platform for the purpose of safeguarding the rights and interests of original authors, creating a good and orderly licensing environment for the Internet, and creating a safe and convenient one-stop copyright trading platform for both content providers and users. Copyright printing is a fast authorized trading platform for Internet copyright. It is a lightweight, embedded Internet product that helps all kinds of traditional media, new media and self-media to realize copyright protection, authorized trading and monitoring rights protection of original online content. Maximize the piracy space and promote the circulation of genuine products. Appendix: The list of news organizations that can reprint news on websites belongs to the category names of organizations: People's Daily, Xinhua, CCTV, China, International Online, China Daily, China Youth Network, China Economic Network, China Taiwan Province Network, China Tibet Network, Guangming Network, Yangguang Network, China Military Network, China News Network, People's Political Consultative Conference Network, Legal Network, Zhongqing Online, World Wide Web, Zhonggong Network. Theory Network, People's Forum Network, Banner Network, China Civilization Network, Learning Power Network, China Women Network, China Rural Network, China Overseas Chinese Network, China Development Network, Reference News Network, China Energy Network, Securities Times Network, Economic Weekly Network (Economic Network, global person Network, Semimonthly Talk Network, Economic Reference Network, China Xiaokang Network, Securities Daily Network, China Education News Network, Chinese Scholars Network, China Science and Technology Network). Caring for the Next Generation Network, China Finance News Network, China Organization Personnel News Network, China Labor and Social Security News Network, China Environment Network, China Construction News Network, China Traffic News Network, China Waterway Network, China Water Conservancy Network, Agricultural TV Network, China Tourism News Network, Health News Network, China Safety Production Network, China Finance News Network, China Business News Network, Consumer Daily News Network, China Tax Network, China Quality News Network and China Consumption Network. China Economic News Network, China Meteorological News Network, China Bank Insurance News Network, China Electric Power News Network, Green china network television, China Police Network, People's Railway Network, China Military TV Network, Huaxia Jingwei Network Central News Unit People's Daily, Xinhua News Agency, China Central Radio and Television Station, Qiushi Magazine, People's Liberation Army Daily, Guangming Daily, Economic Daily, China Daily, Science and Technology Daily, People's Political Consultative Conference Daily, China Discipline Inspection and Supervision Daily, Workers' Daily. China Women's Daily, Farmers' Daily, Rule of Law Daily, People's Daily Overseas Edition, Reference News, Global Times, Securities Times, China Economic Weekly, global person, People's Forum, Xinhua Daily Telegraph, Hope, Semimonthly Talk, Economic Reference Daily, china securities journal, CGTN, Hongqi Manuscript Magazine, Xiaokang Magazine, Educator Magazine and other industry media of China Newsweek include China Discipline Inspection and Supervision, Party Building Research, Party Building. People's Public Security News, China Finance News, China Accounting News, China Government Procurement News, China Organization Personnel News, China Labor and Social Security News, China Natural Resources News, China Environment News, china construction news, China Traffic News, China Shipping News, China Water Resources News, International Business News, China Culture News, China Travel News, Health News, China Population News, China Emergency Management News, Financial Times, China Finance and Economics Magazine, and China Enterprise Observer. China Tax News, China Market Supervision News, China Quality News, China Consumer News, China Sports News, China Science News, Family Business Magazine, Business School Magazine, China Business News, China Economic Times, China Meteorological News, Bank of China Insurance News, China Power News, China Green Times, China Forestry Magazine, Forest and Forestry. People's Railway, China Civil Aviation, China Post Express, China Traditional Chinese Medicine, China Coal, China Medicine, People's Court, Procuratorate Daily, China Workers, China Youth, China Teenagers, Rural Youth, Chinese Communist Youth League, Counselor, Chinese Youth, China Children's Daily, China Middle School Students Daily, China. China Business Times, China Industry and Commerce magazine, China Torch magazine, Sanlian Life Weekly, Tuanjie Daily, China National Defense Daily, China Militia magazine and PLA Pictorial magazine. State Commission for Discipline Inspection, Central Organization Department, Central Propaganda Department, Central United Front Work Department, Central International Liaison Department, Central Political and Legal Committee, Central Network Information Office, Central Taiwan Affairs Office, Central Party School (State Administration, General Office of the National People's Congress Standing Committee (NPCSC), General Office of the State Council, Ministry of Foreign Affairs, National Development and Reform Commission, Ministry of Education, Ministry of Science and Technology, Ministry of Industry and Information Technology, State Ethnic Affairs Commission, Ministry of Public Security, Ministry of Civil Affairs, Ministry of Justice, Ministry of Finance, Ministry of Human Resources and Social Security, Ministry of Natural Resources, Ministry of Ecology and Environment. Ministry of Housing and Urban-Rural Development, Ministry of Transport, Ministry of Water Resources, Ministry of Agriculture and Rural Affairs, Ministry of Commerce, Ministry of Culture and Tourism, National Health and Wellness Commission, Department of Veterans Affairs and Emergency Management. People's Bank of China, National Audit Office, State-owned Assets Supervision and Administration Commission of the State Council, General Administration of Customs, State Administration of Taxation, General Administration of Market Supervision, State Administration of Radio, Film and Television, General Administration of Sports, National Bureau of Statistics, China International Development Cooperation Agency, National Health Insurance Bureau, Hong Kong and Macao Affairs Office of the State Council, Liaison Office of the Central People's Government in Hong Kong Special Administrative Region, Liaison Office of the Central People's Government in Macao Special Administrative Region, China Academy of Sciences, China Academy of Engineering, the State Council Development Research Center, China Meteorological Bureau, China Banking Regulatory Commission, China Securities Regulatory Commission, State Bureau for Letters and Calls, State Grain Reserve Bureau, State Energy Administration, State Immigration Bureau, State Forestry and Grassland Administration, Civil Aviation Administration of China, State Post Bureau, National Cultural Heritage Administration, state administration of traditional chinese medicine, State Administration of Mine Safety, State Administration of Foreign Exchange, State Administration of Pharmaceutical Products, China National Intellectual Property Administration, State Rural Revitalization Bureau, China People's Political Consultative Conference Office, the Supreme People's Court, The Supreme People's Procuratorate, All-China Federation of Trade Unions, Central Committee of the Communist Youth League, All-China Women's Federation, China Association for Science and Technology, China Journalists Association, All-China Federation of Industry and Commerce, Beijing Winter Olympics Organizing Committee, China International Import Expo and China People's Liberation Army click to view the list. 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