Current location - Education and Training Encyclopedia - Graduation thesis - 16 years ago, a well-known professional magazine in China published a paper of mine without my consent. What should I do?
16 years ago, a well-known professional magazine in China published a paper of mine without my consent. What should I do?
First of all, a brief analysis:

1. Reprinting your article without permission is an infringement of your right to copy your work.

In addition, when reprinting, you don't indicate the source and author, which infringes your right of signature.

3. Reprinter should pay you, otherwise it will infringe on your right to benefit.

4. You can complain to the local copyright bureau.

Second, the detailed analysis:

Infringed on the copyright owner and his rights in Section 1 of Chapter 2 of the Copyright Law.

Including your publishing rights, signature rights, reproduction rights and distribution rights.

Solution:

1, call the magazine to discuss. (Compensation and its signature)

2, the court filed a lawsuit to claim rights. Provide valid evidence, including obtaining evidence to prove that he is the legal owner of the work and the other party is illegal. )

Article 9 Copyright owners include:

(1) author;

(2) Other citizens, legal persons or other organizations that enjoy copyright according to this Law.

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify a work;

(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, reproduction or reproduction;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;

(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

(10) the right of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;

(12) the right of information network communication, 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 they choose;

(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(seventeen) other rights that should be enjoyed by the copyright owner.

The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.

How to compensate for copyright infringement?

The provisions of the copyright law on the calculation method of compensation not only involve the calculation method of compensation, but also include the order in which the calculation method of compensation is applied. The infringed party shall abide by this application order, and first consider the actual loss of the infringed party. If it is impossible to calculate, it shall be based on the infringer's infringement income, and if it is still impossible to calculate, a compensation amount shall be determined within the scope of legal compensation. There are several methods to calculate the actual loss: first, the compensation is based on the usual and reasonable income rewards such as transfer fee, use fee and license fee; Second, the amount of compensation is the product of the reasonable average profit of each product of the right holder or the average profit of each product in the industry and the number of products infringed by the infringer; Third, the compensation amount is the product of the edition tax rate and the total pre-sale, that is, the unit price and the number of printed albums. The reference tax rate is generally 6%-15% under different circumstances; The fourth is to compensate the reasonable expenses incurred by the obligee for investigating and stopping the infringement, including the lawyer's agency fee, the obligee's expenses for purchasing the evidence of infringing articles, the notarization fee for collecting the evidence, the equipment purchased for examining the evidence, the expenses for eliminating the infringement influence, and the travel expenses.

Third, comprehensive analysis.

Best strategy:

Grasp the overall interests and comprehensively consider the following issues:

1. Compared with the benefits of rights protection, the energy, time, manpower, material resources and financial resources paid for rights protection are probably not worth the loss.

2, rights need to do a lot of work, including:

Investigation and evidence collection (16 years later, difficult! )

Make up for legal knowledge (you need to find someone at a critical moment, including witnesses, lawyers and staff of legal institutions. Needless to say, the relationship is complicated, and all kinds of uncontrollable or even unknown situations emerge one after another, such as treating guests and paying fees)

Clean up (several people on the road to safeguarding rights are laughing and worried, not to mention how much you have paid for safeguarding rights. Even if it succeeds, it will inevitably offend the magazine. Even if the magazine has no background, its influence is terrible enough. Of course, it will affect your work, career development and academic research. If the magazine doesn't retaliate against you, it will at least burn you. If things get too big in the future, others will not dare to associate with you, so as not to get into trouble. )

Conclusion: As long as you don't do too many magazines, it won't have much influence on you. Let's settle this peacefully in private. It is best to consult the relevant personnel. If you seek free legal advice, you can post it on Faye.com for free and call a lawyer for free.

Zhongce:

Carry out rights protection to the end!

You have a lot of work to do: I have written it before, so I won't go into details.

Conclusion: The road to safeguarding rights is long, and success can contribute to the construction of a society ruled by law. Failure is also a lesson from the pit. Pay more attention to your behavior in the future. Of course, it is also a merit to publicize legal knowledge for people around you.

Bottom line:

Ask or not ask.

Conclusion: It doesn't matter if I ask.