2. The risk of serializing on the portal is very small, but you must get the approval of the portal to promote your work. At this time, the website is equivalent to acting as your guarantor, and the publishing house will have something to do with the portal when it comes to your book. Basically don't worry. If it is only published by individuals, the best way is to publish a part as Gu Liang said, and leave a suspense brief introduction or outline at the same time.
3. Personal intellectual property bidding, but the cost is high and thankless.
Internet copyright infringement can be divided into the following types:
(1) downloading and publishing online works on traditional media without authorization. This kind of behavior refers to the behavior of downloading online works and spreading them in traditional media without the permission of the owner of the online works. Network works exist in the form of numbers 0 and 1, and flow between computers with the network as the carrier. Specifically, it can be divided into two types. One is that traditional media, such as paper and tape, existed before they entered the computer network, and they were only converted into digital codes that the computer could recognize by scanning, and then organized, processed and stored by the computer, and these digitized information were re-presented in the form of words, images and sounds when necessary. This kind of network work is called digital work. The other is that it has existed directly in the form of numbers in computers and spread on the Internet since it came into being, but before that, it has never existed on traditional carriers. This kind of network work is called digital work. As long as online works can reflect certain thoughts or emotions, have originality, reproducibility and certain objective forms of expression, they should enjoy copyright. (2) Disputes arising from the unauthorized dissemination of works published in traditional media on the website without the permission of the author. That is, without the permission of the copyright owner of non-digital works such as original literature and art, the works are published in digital form on the network and made public to all network users. This behavior is defined as infringement because the original digital non-digital literary and artistic works are not creative and original no matter what means are taken. This is only a change in the existing form and mode of communication of the original work, and does not affect the rights enjoyed by the copyright owner of the original work.
Due to the characteristics of network technology, there are several special forms of infringement:
(1) link behavior. Whether the linking behavior belongs to the infringement of network copyright is controversial in academic circles at present. Theoretically speaking, linking refers to editing a text file containing markup instructions by using Hypertext Markup Language (HTML), and establishing a connection between two different documents or different parts of the same document, so that visitors can access files of different websites through one website or access other columns of the same website through a specific column, which is regarded as the basic feature of Internet operation. The advantage of a network is to link any file on the network, regardless of its status or physical location. Admittedly, from a technical point of view, links do provide convenience for network users to enjoy network resources. For a network user who needs all kinds of information, it is undoubtedly tedious to remember multiple websites and search them one by one. Through online link, network users don't need to memorize and input a long list of IP addresses, just click the link with the mouse, and they can jump from their own homepage to other locations of the same file, or jump to other homepages or webpages to find the required information accurately.
(2) Copyright infringement of online works. The quality of web design is very important for major commercial websites. A well-made web page will quickly increase the number of visitors to the website, thus enhancing the popularity of the website and bringing more advertising revenue. However, designing a good web page requires a lot of time, money and energy, and copying and copying a web page is extremely easy.
Second, the identification of network infringement
The identification standard of tort, that is, the usual constitutive requirements, refers to various factors that constitute a specific tort as a necessary condition. Only when the actor's behavior has the relevant elements stipulated by law can it constitute infringement. On the contrary, the lack of any constituent elements does not constitute infringement. As far as the constitutive elements of general tort are concerned, there are several viewpoints: French civil law advocates the theory of three elements: damage fact, causality and fault; German civil law advocates four elements: illegality, damage to facts, causality and fault; Mr. Shi Shangkuan, a scholar in Taiwan Province, China, put forward the theory of three elements different from French civil law, that is, there must be a state of imputation, illegal behavior and causal relationship of damage. This is another expression of the four elements of German civil law, which combines causality and damage facts into one.
The constitutive requirements of online copyright infringement include the following four aspects:
1) There must be an illegal act of infringing network copyright. Articles 45 and 46 of China's Copyright Law stipulate various acts of copyright infringement, mainly including: 1. Publishing a work without the permission of the copyright owner. That is, the act of making a published work public without the permission of the copyright owner violates its right to publish; 2. Without the permission of a co-author, publishing a work created in cooperation with others as a work created by himself, infringing on the right of publication, adaptation or remuneration of other authors; 3. Did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; 4. Distorting or tampering with other people's works, infringing the copyright owner's right to modify and protect the integrity of the works; 5. Performing, broadcasting, exhibiting, distributing, making movies, television, videos or adapting, translating, annotating, editing and using works without the permission of the copyright owner (except as otherwise provided by the Copyright Law); 6. Failure to use other people's works for free in accordance with regulations infringes on the copyright owner's right to receive remuneration; 7. Live broadcast of the performance without the permission of the performer; 8. Plagiarism, plagiarizing other people's works, that is, publishing the works created by others as their own works without the authorization of the author or other copyright owners; 9. Publishing books that others enjoy exclusive publishing rights infringes on others' exclusive publishing rights. 10. Recording and publishing a performance without the permission of the performer, infringing the rights of the performer; 1 1. Reproduction and distribution of audio-visual products produced by audio-visual producers without their permission. Namely piracy; 12. Reproduction and distribution of radio and television programs produced by radio and television stations without permission; 13. Making and selling works of art with forged signatures. [6] These are all acts of copyright infringement, but there is still an important problem for infringement of online copyright, that is, the problem of online works.
Network works are special works that point out that the works on the computer information network are different from traditional works. They are literary, artistic and scientific intellectual creations that are generated by digital technology, run on the network, have binary digital coding form, are original and can be copied in some tangible form. Therefore, all countries in the world generally recognize that online works are objects protected by copyright. [7] Copyright refers to the exclusive rights enjoyed by authors and other copyright owners in literary, artistic, scientific and engineering works according to law. To prove that online works should be protected by copyright law, it is necessary to prove that such works belong to the scope of "works". China's current copyright law has no explicit provisions on the protection of online works. The eight categories of protected works listed in Article 3 of the Copyright Law are not included. Article 2 of the Regulations on the Implementation of the Copyright Law explains the meaning of "works", that is, "works referred to in the Copyright Law refer to intellectual creations that are original in the fields of literature, art and science and can be reproduced in some tangible form". Moreover, network works are digital works, although they are separated from tangible carriers, it does not affect their originality. Any network works must be fixed in the hard disk of a computer in digital form, which can be read, downloaded or copied by floppy disks, or directly printed by others using networked hosts, so it meets the requirements of copying in some tangible form. Therefore, online works conform to the provisions of the Copyright Law and its implementing regulations on copyright and works and should be protected by law.
The specific legal provision concerning the protection of network copyright in China is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes (hereinafter referred to as the Interpretation) adopted by the the Supreme People's Court Judicial Committee at its114th meeting. The Interpretation does not clearly stipulate the principle of liability for infringement by network end users. The second paragraph of Article 2 of the Interpretation clearly points out that "the dissemination of works to the public through the Internet is the way of use stipulated by copyright. The copyright owner naturally enjoys the right to use or license others to use this method and get paid for it. " In other words, without the permission of the copyright owner, no one may spread his works online, otherwise it will be infringement, except as permitted by law. The provisions of Articles 4, 5 and 6 of the Interpretation specifically expound the legal responsibilities of Internet service providers, namely: "If an Internet service provider participates in copyright infringement of others through the Internet, the people's court shall investigate its tort liability together with other actors or those who directly commit the infringement." The people's court shall also investigate the tort liability of Internet service providers who provide content services, knowing that Internet users infringe the copyright of others through the Internet, or that the copyright owner has given a well-documented warning, but has not taken measures such as deleting the infringing content to eliminate the infringement consequences. Internet service providers that provide content services request the copyright owner to provide the registered information of the infringer in their network, so as to investigate the infringer's tort liability, and refuse to provide it without justifiable reasons. At the same time, it is pointed out in the Conditions for Exemption of Internet Service Providers: "Copyright owners cannot or cannot provide their identity certificates (such as ID cards, business licenses of legal persons, business licenses and other valid identity documents) and proof of copyright ownership (including copyright registers, creative manuscripts, etc.) to Internet service providers. ) and proof of infringement (including the content and location of the alleged infringement information, etc. ), as it did not give a warning or request. " It can be seen that whether the network provider takes responsibility is based on the subjective consciousness of "knowing". In the case of "don't know" or "shouldn't know", even if it causes infringement consequences, it doesn't need to bear responsibility. Therefore, we can infer that it applies the general principle of imputation in the general principles of civil law, that is, the principle of fault.
(4) The illegal act is related to the fact of damage.
Only when the actor's illegal behavior is the cause of the copyright owner's damage can the actor's illegal behavior constitute an infringement of network copyright. There are often direct and indirect reasons for the causal relationship between online copyright infringement and damage results. For example, webmasters or users spread other people's works on the internet without the permission of the copyright owner, which directly leads to the consequences of the spread of works on the internet. Therefore, it is the direct cause of copyright infringement that webmasters and users spread their works on the Internet, and at this time, webmasters and users constitute a direct infringement of copyright. The dissemination of works on the Internet must also be supported by the equipment and technology of Internet service providers. Without the help of internet service providers, the consequences of the dissemination of works on the internet will not happen. Therefore, the behavior of network service providers is the cause of copyright infringement. For network service providers, only when they know or should know that the obligee or user has committed copyright infringement on the Internet without taking necessary preventive measures, that is, they are subjectively at fault, will they constitute indirect infringement of copyright.
Finally, I hope I can solve your problem! Have a nice day.
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