What to do if the article infringes?

Article infringement is a very troublesome matter. At the least, the author may ask the author to delete the article, and at worst, he may have to bear legal liability. Therefore, we must not step on this high-voltage line. But sometimes, when we encounter some good articles and want to reprint them, what should we do to avoid the risk of infringement? Let’s take a look at ways to avoid infringement by reprinting articles. Classic infringement cases shared WeChat public account plagiarism. The defendant was sued in court by Beijing Advantage Lingyi Advertising Co., Ltd.. The WeChat public account "Dissent" under its name published the text work "Who will become the fifth municipality?" for the first time on February 2. 》. The company discovered that a consulting company in Shenzhen published a work in its own name on its WeChat public account on February 17, "Five "Seed" Cities. Who Will Become the Next Municipality? ", the title is similar to the work published by the original author, and the content is exactly the same. Therefore, Advantage Zero One Company took a Shenzhen consulting company to court. Under the auspices of the court, the two parties reached mediation. The defendant compensated the plaintiff 10,000 yuan and issued an apology statement on its official account. The defendants stated in court that this was the price they paid for not knowing the law. Now when they forward other people's articles, they have promptly indicated the original author and source. "Fengyu Literature Network" case of copyright infringement of written works. From 2013 to 2015, Zhang published "Legend of the Tycoon" and other novels on his self-built "Fengyu Literature Network" without the copyright owner's permission, and spread them through the website Published advertisements and illegally profited from Baidu Advertising Alliance, with illegal business volume reaching 667,000 yuan. On December 16, 2016, the People's Court of Zhangjiagang City, Jiangsu Province made a criminal judgment in accordance with the law: Zhang was guilty of copyright infringement and was sentenced to three years and ten months in prison and fined RMB 340,000. An associate professor was found guilty of plagiarism and published an apology in a newspaper. He was ordered to pay 8,000 yuan in compensation. An article published by an associate professor at a 211 college in Zhejiang in a southern newspaper was discovered by Jiangsu writer Ye Linong. He had seriously plagiarized his creative work that had lasted for more than ten years. Although the associate professor admitted plagiarism in his apology letter, he explained that it was due to deletions by the publishing unit's editors. Ye Linong believed that "the apology was not sincere and she did not feel respected", so she filed a lawsuit in court. The Changshu Municipal People's Court found that there were 10 similarities in an article published by the professor. The full text was more than 3,900 words, and the plagiarism length was about 2,000 words. The court finally found that the defendant had plagiarized, and ordered the associate professor to An apology statement was published in a southern newspaper and the plaintiff Ye Linong was compensated for economic losses of 6,000 yuan and paid moral comfort of 2,000 yuan. Important Provisions of the Copyright Law Chapter 1 Article 5 This law does not apply to: (1) laws, regulations, resolutions, decisions, orders of state agencies and other documents of a legislative, administrative or judicial nature, and their official translations; ( 2) Current affairs news; (3) Calendar, general number tables, general tables and formulas. Interpretation: In addition to relevant documents of state agencies, the news itself is also an article that can be reprinted, but only the objective part of the news report, and subjective comments are non-reprintable content. Chapter 2 Article 12 The copyright of works resulting from the adaptation, translation, annotation and arrangement of existing works shall be enjoyed by the person who adapts, translates, annotates and arranges them, but the copyright of the original work shall not be infringed upon when exercising the copyright. Chapter 2, Article 14 A work that compiles several works, fragments of works, or data or other materials that do not constitute a work, and the selection or arrangement of its contents reflects originality, is a compilation work, and its copyright is enjoyed by the compiler, but the exercise Copyright shall not infringe upon the copyright of the original work. Interpretation: This provision is the same as Chapter 2, Article 12. The main reason is that the original author still retains the copyright, which will not disappear under any adaptation, compilation or translation. Chapter 2 Article 22 Under the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed: (1) For personal study, research or appreciation, use the published works of others; (2) To introduce and comment on a certain work or explain a certain issue, appropriately quote the published works of others in the work. Interpretation: Quoting sentences, chapters and even opinions from the original author's article will not cause infringement issues, but the quoted part should be connected with the context. It is best to clearly indicate the original author's name and the source of the article. Chapter 4 Article 35 To publish a work resulting from the adaptation, translation, annotation, arrangement, or compilation of existing works, the permission of the copyright owner of the adapted, translated, annotated, organized, or compiled work and the copyright owner of the original work must be obtained, and Pay compensation. Click to view the full version of the Copyright Law. Beware! Cleaning is also an infringement. So-called "cleaning" refers to the so-called "original article" in which synonymous words are replaced, the structure of the text is changed, and the logical sequence is disrupted in other people's articles, but the main purpose and central idea of ??the article remain unchanged. This practice is also infringing, but it is also very difficult to crack down on. Why? Because the method of cleaning the manuscript is also relatively complicated, the following methods are usually used: 1. Replace words with pseudo originals. This is the simplest method. Use tools to replace words in the article. Although it may not be smooth enough, the manuscript is highly efficient. There are also some that are modified manually. Although the cleaning efficiency is low, the reading is smoother than after machine cleaning. This approach is also known as pseudo-originality. 2. Integrate and piece together multiple articles. Integrate articles of the same type and expressing similar ideas on different platforms, excerpt a few paragraphs from each, clarify the logic and order, and then it becomes a polished article, but the words and sentences in it have not been replaced. 3. Copy translation across time and space.

Some people will move high-quality content from one platform to another platform intact, claiming that it is their own original work, or directly translate foreign articles and works, but will not mark the original author. Some are modified directly. 4. Change the soup without changing the medicine. This method is a combination of the first and second methods. It is to select the topic yourself, then collect articles from various aspects, simply replace words and sentences, etc., or directly quote other people's articles. It is difficult to distinguish whether it is a wash. Drafted. Forms of infringement: 1. Point of view plagiarism: not quoting other people's literature as if the point of view is your own is serious plagiarism 2. Sentence plagiarism: not reorganizing other people's opinions, copying the original words without quotation marks, even if you add references, it is plagiarism 3 . Excessive quotation of other people’s original words: Even if quotation marks are added, it is considered plagiarism, such as more than three sentences. 4. The sentences are reorganized, but the entire paragraph is very similar to others, especially the key verbs and the sentence structure are almost the same. It is also considered plagiarism. 5 , in addition to copying the entire paragraph, the following processing is still plagiarism (1) eradicate a few sentences (2) reverse the order of the sentences (3) add a few sentences (4) only change some verbs and a small number of words, but the overall structure is the same. Cao Xinming "Research on Unfair Competition in the Field of Intellectual Property" mentions that Article 5, Item 2, of my country's "Anti-Unfair Competition Law" stipulates that the name, logo, decoration, etc. of a work can be used as "the unique name of a well-known product, Signs and decorations" shall be protected. When others use the name, logo, or decoration of a work without authorization, causing confusion and confusing buyers, this constitutes unfair competition. In other words, if someone washes someone else's article for a long time and fails to indicate the original source, causing readers to confuse the source of the article, this can constitute unfair competition. How to avoid article infringement: When you see a good article, you just copy and paste it. This kind of random thing is most likely to cause infringement trouble. This does not mean that as long as you reprint, you will definitely infringe, but you have to pay attention to the regulations of the author and the publishing platform. Naturally, you don’t have to worry about infringement, and you can avoid copyright issues well. So, how to avoid infringement when reprinting articles? Be clear about the source channels of articles. Different sources of articles have different copyright requirements, so we must clearly know the source channels of these articles. Generally speaking, platforms where self-media authors are more active are usually not allowed to reprint at will. They need to contact and obtain authorization before reprinting. For example, if you directly reprint the following platforms, it will easily cause infringement issues: Self-media platforms: official account, Weibo, Penguin account, Baijia account, Dayu account, Toutiao, Yidianxun, Sohu self-media, NetEase account, Qutoutiao UCG platform: Zhihu, Hupu, Jianshu, Douban, Xiaohongshu, Aunt Zhang News platform: Huxiu, 36kr, Guoke, Snowball, Jiemian News, entrepreneurship dark horse industry recommended brand Xiaohongshu Zhihu WeChat Douban Douban What is worth buying 36Kr Jianshu Guoke Net Huxiu Net Today's Toutiao Qutoutiao Hupu Hupu Snowball Startup Dark Horse Interface Some platforms also restrict the reprinting of articles. For example, when operating on a computer, left-click to select If the article is not selected, it means that the platform does not allow free reprinting of the article. If you insist on collecting the article, you cannot just collect it from the source code of the web page. Instead, you must contact the platform or the author. According to the provisions of the Copyright Law, certain news reports are allowed to be reproduced without adding subjective comments or descriptions. On October 20, 2021, the State Cyberspace Administration of China released the latest version of the "List of Internet News Information Source Units", also known as the "Internet Source White List". The list covers central news websites, central news units, industry media, and local news websites , local news units and government affairs release platforms, etc. *** 1358 source units. These news platforms can reprint the article without contacting the platform (as long as the article does not have any subjective comments). TIPS: The news website whitelist appendix is ??at the end of this article. Pay attention to the beginning and end of the article. The copyright of some articles has not been bought out and belongs to the author, not the platform. Authors who are more aware of rights protection will add a note at the head or end of the article to inform them whether to reprint for free, pay for reprinting, or reprint with permission. This is a valid statement. The latter two types of reprinting require contacting the author before reprinting. , otherwise it will cause article infringement issues. Indicate contact information to avoid litigation. If it is necessary to reprint an unauthorized work, but the original source of the article cannot be found, and the rights holder cannot be contacted, you can indicate the contact information for collecting royalties after the article, although this cannot be completely Avoiding infringement can reduce the risk of litigation, or at least reduce the subjective viciousness of infringement. A statement does not mean that there is no infringement. Some platforms will note at the end when reprinting other people's articles. The source of the article is unknown, and the author cannot be contacted when the article is reprinted. Therefore, the original author and source are not noted, and we are not responsible for any infringement issues. This kind of statement does not have legal effect, so when the author sues for infringement, the platform still needs to bear responsibility. How to reach a settlement with the author when infringement occurs. When it is determined that the article is indeed infringing, the reprinting party usually has only two options: delete the article and publicly apologize. The original author will ask the reprinter to delete the infringing article, and at the same time, publicly issue an apology statement on the platform where the reprinter publishes articles, and it must be in a conspicuous position. However, due to the relatively high reputation of the reprinting party, a public apology would harm its own authority and credibility, so there was another method. Keep the article and pay royalties. Keep the article and pay royalties.

With the author's permission, the author's article can still be retained for reprinting, and a certain remuneration will be paid to the original author. The National Copyright Administration's "Notice on Regulating the Order of Online Reprinting Copyright" and "Measures for Payment of Remuneration for the Use of Written Works" stipulate that 80 per thousand words -300 yuan. The word count can be calculated through www.mingmu.net/zishu.html for reference. After the payment is completed, the reprinting party can obtain the right to reprint the article without making a public apology to the original author. Some authors do not have enough time or are unable to check potential infringing reprinters one by one, so they will entrust some institutions to conduct inspections and coordinate and communicate compensation issues. Today, the largest copyright protectors of original authors on the Internet are mainly Kuai Copyright and Rights Protection The Knights are also the first choice for most self-media people to defend their rights: the Rights Defense Knights originated from the last original rights protection agent bidding action publicly launched by the original author on Zhihu. They were formed by six friends who participated in the rights protection messenger action at that time. A website that provides effective and convenient copyright management and protection services to Chinese original creators. It mainly provides creators and copyright owners with copyright confirmation and management, data monitoring, copyright protection and transaction services. Kuaiyou Kuaiyou is a formal Internet copyright service website. All legal services on this platform are provided by Zhejiang Bingge Law Firm. We are committed to building a safe and convenient one-stop copyright trading platform for both content supply and demand parties with the purpose of safeguarding the rights and interests of original authors, creating a good and orderly licensing environment on the Internet. Copyright Print is a fast authorization and transaction platform for Internet copyrights. It is a lightweight, embedded Internet product that helps various traditional media, new media, and self-media to realize copyright protection, authorization transactions, and monitoring and rights protection of online original content. Squeeze the space for piracy to the maximum extent and promote the circulation of genuine products.