Graduates need to publish their graduation thesis, but some students' graduation thesis is published in some newspapers and magazines as personal works after being taught by teachers. At this time, many graduates will feel that their rights and interests have been violated. So, is it infringement that the graduation thesis is published by the tutor? Infringement. Graduation thesis belongs to the category of written works and is protected by copyright law. Copyright, also known as copyright, refers to the personal rights and property rights enjoyed by the authors of works in literature, art, natural science, social science and related disciplines according to law. Copyright is divided into personal rights and property rights of works. According to the provisions of Item 1 and Item 3 of Article 46 of the Copyright Law of People's Republic of China (PRC), those who commit the following infringements shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for losses according to the circumstances: "publishing their works without the permission of the copyright owner" and "signing others' works for personal fame and fortune". According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes, the limitation of action for copyright infringement is two years, counting from the date when the copyright owner knows or should know about the infringement. You can bring a lawsuit to the court within two years from the date of learning that your paper is published, otherwise you will lose the right to win the case. In the face of tutors and students, how to sign papers is a key and controversial topic. In reality, even in international academic circles, the issue of signature is a frequent field of scientific research anomie. Before discussing this issue, we should first clarify two issues, namely, the nature of academic paper creation and the definition of the contributions of all parties in academic paper creation. Although individual disciplines attach great importance to the collation of information or materials, on the whole, the creation of academic papers is a typical intellectual creation activity. Therefore, the contribution of all parties to the creation of academic papers can be roughly divided into two parts, 1, the direct intellectual contribution to the completion of academic papers, and 2, the indirect factors that contribute to the completion of academic papers. Undoubtedly, the direct intellectual contribution to academic papers is the most powerful basis for the signature of papers! This is an international practice and fully conforms to the legislative spirit of copyright law. This has nothing to do with discipline. Again, it has nothing to do with discipline! Many tutors think that I provide students with funds, venues and even living expenses, academic materials, directions, topics and so on. In fact, these so-called funds, venues, living expenses (labor costs in scientific research funds) and academic materials are not paid by the instructors themselves, but are all allocated by the state. It is not enough to provide research directions and topics. Whether you provide it or not, the research direction and topic are all there, not exclusive to one person. At best, these are only indirect factors in creating academic papers. There are many indirect factors, such as the support of relatives and friends, the mutual learning and progress between teachers and students, and the good research environment and academic resources provided by the school. For these indirect factors, thank you in the paper! Many debates on this topic are caused by the lack of clear distinction between direct intellectual contribution and indirect factors in completing academic papers. For example, some tutors claim that I provide students with the opportunity to read doctoral studies, providing this and that. Without me, students have no chance to write papers at all! According to this funny logic, students seem to sign their parents' names on every piece of paper, because without their parents, they have no chance to do anything! Many people think that the papers published during doctoral and master's degrees are ungrateful, but they are actually typical confusion of reason and reason. Gratitude tutor is out of emotion, and signing or not signing is an academic norm and is based on rationality. If your tutor has no substantial intellectual contribution to your academic paper, but you sign it by force, it is not gratitude, but defiles his teacher's morality! If you are worried that your graduation thesis will be published by your tutor, I suggest that you can consult an online lawyer for more answers, or call a lawyer.
Legal objectivity:
Article 52 of the Copyright Law, anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances: (1) publishing his work without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) 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; (5) plagiarizing other people's works.