On December 7, zhao Dexin, an 89-year-old retired professor at Zhongnan University of Economics and Law, and China Academic Journals (CD-ROM Edition) Electronic Magazine Co., Ltd. (the operator of CNKI) were on the hot search, triggering heated public discussion.
Professor Zhao Dexin said in an interview with the media that after discovering that more than 100 of his articles were included in the CNKI database without authorization, in August 2020, he chose to defend his rights. In the subsequent lawsuit, Professor Zhao Dexin won all the lawsuits, obtained corresponding economic losses and reasonable expenses for rights protection, and accumulated more than 700,000 yuan in compensation.
Zhao Dexin
Professor Zhao Dexin said, "(CNKI) included (to) my more than 100 articles in the database, but also through the computer, mobile phone these ports to spread, not only do not tell me, readers including my own download also have to pay, but I myself have never received a penny of manuscript fees." ”
It is understood that Zhao Dexin has been engaged in the research of China's economic history for a long time, and after retiring in 1998, he worked tirelessly and was awarded the honorary title of the second "Jingchu Social Science Master" in 2018.
The Red Star News reporter noted that in the judgment document, the operator of the defendant "CNKI" mainly claimed two points, but both were rejected.
The operator of the defendant "CNKI" claimed that, as a periodical publishing unit, it had the right to reprint articles that had already been published in other periodicals, which was a statutory license and did not constitute infringement. However, the court held that the defendant's act of including the works involved in the case in its database and providing paid browsing and downloading on the Internet was obviously not an act of reprinting or excerpting between periodicals, and the statutory permission system for reprinting newspapers and periodicals provided for in the second paragraph of Article 33 of China's Copyright Law did not apply to the network environment, so the defendant's claim that it constituted a statutory license was not supported.
In addition, the operator of the defendant "CNKI" claimed that it was authorized to be used by the publisher of the periodical contained in the work in question, but did not submit evidence to prove that the author had authorized the right of information network dissemination to the publishing unit, so the court also did not accept the claim that the defendant published the article involved in the case had a legal source.
On December 8, in response to Professor Zhao Dexin's complaint that "you have to pay for your own download", CNKI staff told Red Star News that the author's own article can be downloaded for free. "Authors can click on the homepage of CNKI, 'Author Services' to enter the 'Scholar Pool', register and log in, enter the name of the unit 'Claim Personal Papers'. If the results of the matching of the units are not matched, they can continue to claim through the 'literature search and claim'; for papers that match the same name with the same unit, they can also choose to withdraw. ”
CNKI staff said that authors can click "Author Services" on the homepage of CNKI to enter the "Scholar Database", register and log in, enter the name of the unit "Claim Personal Papers"
CNKI also said that CNKI normally cooperates with schools and journal editorial departments, and does not directly dock with authors, "CNKI has specific resource cooperation departments and schools and journals to connect, obtain corresponding resources, and carry out specific cooperation." ”
In response to the problem of "unauthorized recording of professors' papers to compensate more than 700,000 yuan", the marketing department of CNKI responded to Red Star News that the follow-up will be a unified response.
Red Star News Pan Junwen Intern reporter Cai Xiaoyi
Edited by Guo Yu
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