Network Wang Hai, Guangzhou, the site is reproduced free of charge claim

The intermediary transaction SEO diagnoses Taobao guest stationmaster buys the Cloud host technology Hall

First to the author of the low price of the copyright works, and then reproduced the work of the site for free to claim a large amount of compensation for infringement of works. A few days ago, there is "network Wang Hai," said Beijing three-oriented copyright agency limited to dozens of websites in Guangzhou, Fanyu District Agriculture Bureau, Guangzhou Municipal Bureau of Agriculture, Guangdong Province Agriculture Department and its subordinate website successively accused to court. The company is reported to have filed similar prosecutions with more than 200 units.

Yesterday, three facing the company v. Guangzhou Agriculture Bureau a case in the Yuexiu District Court hearing, the Defendant City Agriculture Bureau directed at three for the company to profit for the purpose, is a malicious lawsuit.

Buy a copy of the article copyright and then to reprint the website claim

The lawsuit of Beijing three-oriented copyright Agency Limited (hereinafter referred to as "three-oriented companies") was established in October 2004, is a company specializing in copyright licensing, transfer and licensing of private copyright companies. June 2007, the company in the name of copyright owners will Guangzhou Agricultural Bureau and its subordinate Guangzhou City Agricultural Information Center to the Yuexiu court.

Reprint a text to be claimed 10,000

According to the indictment: June 2005, three for the company and the author of Liao MoU signed the "Copyright transfer contract", Liao MoU will include "farmers to increase the ten hot issues of concern" (referred to as "hot issues"), including the copyright of 14 articles transferred to the company, and the defendant in the www.gzagri.com of their management ( Guangzhou Agricultural Information Web site reproduced the "Hot issues" a article, so far has not paid compensation, claims 10,000 yuan, plus legal fees, such as a total of 13120 yuan.

Starting in the first half of 2005, three of companies in the nationwide launch of copyright litigation, and more than 150 professional authors signed a contract of copyright transfer, and then to reprint the author of these articles but unpaid remuneration of the Web site to sue. It is reported that the company has been to more than 200 companies nationwide prosecution, and the cause of the prosecution is the network reproduced copyright infringement.

It is understood that most of these defendants are not professional companies operating the website, they have industrial enterprises, also have agricultural products companies, as well as the state administrative organs. These units have reproduced others ' articles on their websites without paying royalties. In the current case, the company's Web site reproduced by three for the company's agent copyright articles are not many, each unit is claimed by the remuneration of most of the following million. "But because of the sheer number of cases, three of all compensation for the company has been combined with a hefty sum." The insider told reporters.

"The lawsuit in Guangzhou is just beginning."

At the beginning of this year, three companies to the "copyright litigation" of the "war" to burn to Guangzhou. Guangdong Chong Jie law firm three for the company's deputy lawyer Chen told reporters, just they undertake three facing the city of Guangzhou site there are nearly 40, but a large part of the two sides through mediation consultations, such as the case with the Agricultural Bureau is not much. But "the lawsuit in Guangzhou is just beginning," Mr. Chen said in court yesterday. It is reported that three facing the company has sued Guangdong Provincial Agriculture Department and Guangdong Agricultural Information Network, the case will be held in Tianhe District Court this month 20th.

Yesterday afternoon, three facing the company v. Guangzhou Agriculture Bureau and Guangzhou Agricultural Information Center in Yuexiu court. Guangzhou City several large websites of the relevant personnel are in attendance, the court sit full brim. The defendant was resolute, claiming that three of the lawsuit was not for the purpose of returning royalties, but for profit, from beginning to end and three for the company to mediate, also do not agree with the plaintiff's 13120 yuan compensation requirements.

Guangzhou Municipal Bureau of Agriculture:

"This lawsuit is clearly not for the purpose of compensating for losses, but for profit." This is a malicious lawsuit! is a waste of judicial resources! ”

Beijing three-face company:

"The defendant website infringement fact exists, how to ' malicious lawsuit '" said? ”

Three companies have sued more than 200 websites

Beijing three-oriented Copyright Agency Co., Ltd. was founded in October 2004, is a company specializing in copyright licensing, transfer and licensing of private copyright companies. First, the company signed a network Copyright transfer agreement with some scholars, at the price agreed by both parties to obtain the author a certain period of the copyright of the network works, and then on the site to search for the relevant articles of the signing scholar, found that the site was reproduced by other sites, will be sued to the court, to sue its infringement, and claim royalties, legal fees and other losses

It is reported that at present, three of the domestic companies to sue the court's website has more than 200, all over Jiangsu, Anhui, Guangdong, Henan and other fields. According to the rough statistics, 80% of them are sponsored by government departments and the website of the supervisor.

Three-agent lawyer: Internet free time should be over

From the beginning of the network, unauthorized reprint of the behavior has not stopped. In the case of three lawyers for the company, lawyer Chen of Guangdong Chong-Jie law firm, China's "copyright law" clearly stipulates that without the permission of copyright owners to disseminate their works to the public, it is a tort, which also includes the dissemination of information through the network, so the network reprint belongs to infringement is no doubt. "It is perfectly natural to pay for the things that people use." But now the site from the beginning of the habit of free reprint, there is no sense of copyright protection. Think that as long as the network of things can be used freely. "Mr. Chen thinks the era of free internet should be over.

Article Author: blog post statement clarifying litigation not intended

June 23, 2005, the author Liao Cheng will include "farmers pay attention to the top ten hot issues," including the copyright transfer of 14 articles to three for the company, 14 articles a total of about 113,000 words. Three for the company one-time payment transfer gold 9040 yuan. According to Liao MoU, the copyright of these works is transferred to three sides of the company's intention is to make my article can be published. But did not expect to be used to play "copyright claims."

Helpless, the author Liao in his personal blog on a special posting of "Liao X-cheng," the so-called copyright transfer issue of the statement, the content is roughly:

One, the current Beijing three-oriented copyright agency limited by my transfer to the company's article to carry out a lawsuit is not my claim, and its related cases of litigation I do not know, this is purely the company's personal behavior.

As of this date, I have not received any compensation for the infringement of a penny in the copyright proceedings by the company.

Third, from the date of the declaration, I transfer to Beijing three-oriented copyright agency limited articles in my name is the infringement of the right to reputation, I reserve the right to take further measures.

At the same time, I will retain the relevant powers without my permission to change my signature or change the content of my article.

The focus of the trial

1 royalties according to what standard compensation?

25 yuan/thousand words or more than 300 yuan/thousand words?

Third, the company believes that Guangzhou agricultural Information Network acts of infringement of the author's copyright, in accordance with the relevant legal provisions on tort compensation, should be 5 times times the amount of normal royalties to pay compensation for infringement. Hence, according to the 75x5=375 yuan/thousand words of the standard, the full text of more than 27,000 words, should be compensated for about 10,000 yuan.

Guangzhou Municipal Bureau of Agriculture

Think, although reprint "hot issue" a article did not pay to the author, because there is no way to contact the author, rather than do not want to pay royalties. And at the bottom of the page, the website also specifically stated: "Please reprint the work of the author and the site contact." In addition, the Guangzhou Agricultural Information Network as a special information services for the three sites, not for the purpose of profit, belong to the public welfare website. According to the National Copyright Administration on the "reprint of the publication of the legal license to pay the standard provisional provisions", reprinted works to pay royalties should be 25 yuan/thousand words.

2 is the prosecution an activist or a profit?

Why the low price buys the copyright but carries on the high price claim

Agricultural information Network said that the website reproduced the "Hot issue" is on May 24, 2005, and three of the company to the author of the purchase of copyright is on June 23, 2005. The cost of the purchase of copyright is 113,000 words 9040 yuan, but the claim is 27,000 words 10,000 yuan. Among them, the purpose of profiting is very obvious.

At the same time, the agricultural information Network said that before receiving the indictment, three for the company has never submitted to this website for the issue of the royalties. "Originally just spend a piece of money, make a telephone to declare oneself is the article author can be done, but it happens to spend a lot of time and money lawsuit, this is obviously not to compensate for the loss of purpose, but in order to profit." This is a malicious lawsuit! is a waste of judicial resources! ”

In this respect, three of the company's deputy lawyer said that the defendant's website infringement facts do exist, how to the plaintiff "malicious lawsuit" said?