Jimu news reporter Li Bowl rong
Intern Wang Yiting
"I received a lot of phone calls and text messages today, and everyone is very concerned about this matter of mine, and many people have liked me. I feel that this thing is worth doing a lot of money. On December 7, Zhao Dexin, an 89-year-old retired professor at Zhongnan University of Economics and Law, told Jimu News reporters at his home on the shore of The South Lake. Zhao Dexin is a famous scholar in the field of Chinese economic history, and has been awarded the honorary title of "Jingchu Social Science Master". Recently, Zhao Dexin sued "CNKI" for including more than 100 of its papers without authorization, and all of them won the lawsuit, accumulating more than 700,000 yuan in compensation, which caused widespread concern in public opinion.
Professor Zhao Dexin at work
If you don't receive a penny, you have to pay to download your own book
"The knowledge I create, it doesn't tell me about it, it takes it and uses it, and it also goes to charge. And I didn't receive a penny of the manuscript fee. This is disrespect for the fruits of our intellectuals' labor. Talking about the original intention of safeguarding rights, Zhao Dexin slightly angrily informed the Jimu news reporter.
Rights protection began in 2016, when Zhao Dexin began to write the book "Social Science Research Work Procedures and Norms". In the process of creation, he learned the knowledge of copyright law and learned that the state has issued many laws to protect intellectual property rights. "At that time, I felt that the state protected the rights of our intellectuals, and I had some awareness of safeguarding rights." Zhao Dexin said.
In chatting with students, he accidentally learned that many of his articles were included in CNKI, and students had to pay for downloads. At the same time, he plans to revise his previously published book, The Dictionary of Chinese Economic History, which is available electronically on CNKI. Zhao Dexin entrusted the students to contact CNKI in their own name, but the other party said that they had to pay to provide it. Zhao Dexin said: "This is the contract I signed with CNKI in 2006, authorizing them to use it. At the time they said they would pay the fee. But not only did I not receive a penny from CNKI, but I had to use my own books later, and I actually had to charge for it. ”
Therefore, Zhao Dexin began to defend her rights. He sorted out his book catalog and found that more than 100 papers were included in database platforms such as CNKI and Wanfang. Subsequently, Wanfang and Zhao Dexin reached a settlement, and CNKI did not reach a negotiated settlement. Since August 2020, Zhao Dexin has successively sued CNKI's operating company "China Academic Journals (CD-ROM Edition)" Electronic Magazine Co., Ltd. to the Beijing Internet Court, and has won the lawsuit one after another, receiving a total of more than 700,000 yuan in compensation.
Zhao Dexin told reporters that CNKI no longer includes his articles, and all the articles collected have been removed. He also told reporters that he would continue to communicate with CNKI on the contract issue of the Dictionary of Chinese Economic History.
CNKI search results
Use your own victory to encourage everyone to dare to defend their rights
Today, Zhao Dexin's mobile phone has been ringing, and he has received many messages from academic friends. The reporter saw from his mobile phone that a number of teachers liked him. A student currently working at a university in Zhejiang sent him a message, writing, "Zhao Gong's spirit of safeguarding his rights according to law is admirable and is an example for the younger generation to learn." ”
Zhao Dexin received a thumbs up
"Professor Zhao is a great member of our Chinese economic history circles, and we are very impressed and inspired to see him today." The teacher said. As early as a few years ago, Zhao Dexin and CNKI fought a lawsuit, his students have heard about it, this time to see the teacher win the case, everyone is very happy, "we are not only happy for Teacher Zhao, but also feel that through this incident can play a good demonstration role, promote the benign cooperation in the academic and publishing circles." ”
"Our country vigorously protects intellectual property rights, because the purpose of protection is to open the way for innovation. Innovation is the driving force behind our country's development, and this is an important thing. I hope that intellectuals will take the initiative to defend their intellectual property rights and use the weapon of law to defend their rights. Zhao Dexin said with a smile.
For a long time, some journals have used to use expressions such as "this journal has been included in a database in its entirety, and once the manuscript is accepted, it is regarded as the author's consent to the inclusion of the article" and "the submission is regarded as the right to disseminate and sub-authorize the information network", but is it really legal to do so?
Zhou Ying, a lawyer at Hubei Dewei Junshang (Wuhan Area of Hubei Free Trade Zone), believes that the series of cases in which Professor Zhao Dexin sued CNKI can bring some enlightenment. First of all, the act of providing paid browsing and downloading of such databases on the Internet does not belong to the statutory permission system for reprinting newspapers and periodicals under China's Copyright Law. This system is limited to reprinting between newspapers and periodicals, and is not suitable for use in the network environment, and online reprinting should also pay the author according to regulations. Secondly, the right of dissemination of information networks is different from the right of reproduction and the right of distribution, and the unilateral statement of the periodicals is not enough to enable it to obtain authorization from the author the right of dissemination of the information network of the work and other related rights, but should sign a written copyright license contract with the author.
He is still busy writing every day, and the compensation will be used for the publication of books
In the study of China's economic history, Zhao Dexin has made extraordinary achievements. At the age of 26, he presided over the compilation of the first Chinese economic history textbook recommended to colleges and universities across the country, "Lecture Notes on the History of China's Modern National Economy". Later, he edited and published the first multi-volume "Economic History of the People's Republic of China", which was praised as "the largest scale and the heaviest academic weight" and "more in line with the spirit of Tai Shi Gong's 'changes through ancient and modern times'". He also wrote a number of monographs such as "The Currency of the Chu State", "The Biography of Huang Yizhu", and "The Complete Works of Zhang Zhidong", which is praised by scholars as a model of literature.
Zhao Dexin shows the books she has written
After retiring in 1998, Zhao Dexin worked tirelessly and created almost every day. Although he is nearly 90 years old, Zhao Lao can still work about 5 hours and use the computer very skillfully. Elder Zhao said: "After retirement, there is more time and more abundance. I have more books after retirement than before I retired. ”
Recently, Zhao Dexin has been busy revising the book "The Currency of the Chu State". On December 7, he had just received an electronic review from the publisher. In addition to this book, Zhao Lao told reporters that he still has six books waiting to be published in the publishing house. At the same time, he is also working on a new book. Zhao Dexin told reporters, "I have studied China's economic history all my life, and I have brought five generations of students, and I have always felt that I want to leave this knowledge to pass on." I want to write all the books I want to write. He said that the compensation received in the lawsuit will be used for future publications.
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