What rights have been violated by copy shop
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At the end of February 2016, the National Office of “Anti-Yellowing and Non-Corruption” together with the Ministry of Education, the State Administration for Industry and Commerce, the State Administration of Press, Publication, Radio, Film and Television, and the National Copyright Administration jointly issued the “Circular on the Implementation of Special Administrative Actions for Copy Shops in Universities and Surrounding Areas in Selected Key Cities”. The copyright holders of textbooks and publishers believe that this is the "superior sword" that protects their legitimate rights and interests. However, there have been some comments on the Internet that questioned the government agencies' efforts to cope with illegal photocopying activities. In order to clarify the mistakes and distinguish right from wrong, the reporters of China Press, Publication, Radio, and Telegraph have successively interviewed some experts and scholars and asked them to analyze according to the law how the behavior of large-scale photocopying textbooks infringes upon rights of right holders.
“When we were freshmen, we bought the textbooks used by our sister Shigeo at the second-hand bookstore in the school. It wasn’t just because second-hand books were cheaper. What’s more important was that these books had the priorities of Shige’s sister during class, but Because of the limited number, many students later copied the textbooks. Later, the copy shop at the campus had an electronic version of the textbooks for each grade. Whatever you wanted, you started to use copybooks." Two senior students at the University of Finance and Economics said in an interview with a reporter from the China Press, Publication, and Broadcasting Telegraph.
The reporter once visited several colleges and universities in Beijing, and was surprised to find that students nowadays use copying textbooks that are already normalized. Many classes are led by the monitor to go to a copy shop to purchase copies of textbooks. Even more ridiculous, a professor who teaches intellectual property told reporters that when he found out in the class that the materials he had written were actually used by the students to copy textbooks, he directly referred to this case as a case. student. During the visit, the reporter chatted with a number of classmates and learned that in fact, they were vaguely aware that this approach was not very good, but because everyone did this, they did not think much.
Copying textbooks does not fall within the scope of fair use
Then, if copy shops provide students with copybooks without authorization, is this behavior related to the copyrights of authors and publishers that infringe textbooks? Is copying textbooks used within reasonable use?
Suo Laijun, deputy director of the China Copyright Protection Center, told reporters that according to China's "Copyright Law," authors generally enjoy a series of rights such as rights of reproduction, distribution, and dissemination of information on the Internet. The so-called reproduction right refers to the right to make one or more copies of a work by means of printing, photocopying, rubbing, recording, video recording, ripping, remake, etc., and the right to issue refers to the original work provided to the public by means of sale or gift. Or copy right. In traditional media formats, the copying and distribution of works in the form of print is usually the most common way for writers, which is what we commonly call book publishing. In addition, China’s “Copyright Law” also provides special protection for book publishers, that is, a book publisher’s work on the copyright holder’s delivery and publication, and enjoys proprietary copyright according to the terms of the contract. Others may not publish the work. Therefore, copying and selling copyrighted works that have already been published by unauthorized copyright holders constitutes an infringement of the copyright owner's right of reproduction and distribution, and also constitutes infringement of the proprietary copyright of publishing houses.
In this regard, some people in the society think that the copy shop is not a publishing house, and the act of copying and selling copies does not constitute the use of the work; others also think that the copy of the published book is for personal use by students and therefore does not constitute infringement. These ideas all appear to be misunderstood and misunderstood by the "Copyright Law." “For individual use, the Copyright Law does have provisions on the exercise of copyright restrictions by copyright owners. For example, the Copyright Law stipulates that for individuals to learn, study or appreciate, the use of works already published by others may not be permitted by the copyright owner. They are not to be paid, but they should indicate the author's name and the name of the work, and must not infringe other rights that the copyright owner has in accordance with this Law. This is what everyone usually refers to as personal use or reasonable use,” he explained further. According to Solvay's analysis, the so-called personal use is generally understood to mean that the use of personal use for personal use, can not be provided for use by others; the amount of use should be a small amount, should be controlled within their own use of a reasonable range; in the nature of use It should not be open, and it should not be commercial. In the case of copy textbooks, if students themselves use their own copiers or borrow other copiers to make a small amount of copies of the work, and copy the textbooks are limited to their own use, it should be a reasonable range of use. However, for copy shops that openly open for business, copying textbooks is neither for their own use nor for others, which is obviously not for personal use or for reasonable use. It undoubtedly constitutes infringement of copyright owners and book publishers. An important indicator of whether a behavior is infringement is to see if it hinders the normal use of the work. Bookstores have officially published books for consumers to purchase, but copy shops have arbitrarily copied textbooks and offered to others to objectively reduce the sales volume of books published by publishers, resulting in the loss of the due income of copyright owners and publishers. Infringement of rights holders.