June 27 news, China Judgment documents network recently disclosed that Beijing Century Super Star Information Technology Development Co., LTD. (hereinafter referred to as "Learning Pass") and "Chinese Academic Journals (Optical disc Edition)" electronic magazine Co., LTD. (hereinafter referred to as "Know Network") eight infringement of the work information network transmission right of the first instance legal documents.
Documents show that the knowledge network was sentenced to the first instance, to learn to compensate for economic losses, rights protection reasonable costs of about 123,900 yuan. It is reported that on September 26, 2011, Qi Zhixiang signed a letter of authorization with Learning, agreeing to authorize the information network communication right of all his works with copyright to learning through a proprietary license, which is valid for 10 years. Learning to Qi Zhixiang gift 10 years super star author special library card.
Later, Learning Tong found that by logging in to the Android mobile phone client "mobile knowledge network", you can find the paid online reading and downloading services of Qi Zhixiang's many articles. Learning Tong proposed that the network should pay compensation in accordance with the standard of 700 yuan per thousand words.
The court held that the works involved were written works and were protected by copyright law. As the licensee of the exclusive right to use the information network communication right of the work involved, Super Star Learning Communication has the right to exclude Knownet from using the work in the same way during the term of its exclusive right to use.
Because Learning Tong has not provided evidence to prove the actual losses it suffered due to the infringing acts involved, or the illegal gains obtained by CNKI due to the infringing acts involved, the court will determine the amount of compensation for economic losses based on factors such as the type, popularity, originality, production time and market value of the works involved, the nature and scope of influence of the infringing acts involved in CNKI, and the degree of subjective fault. As for the reasonable cost of rights protection claimed by Xuetong, it submitted relevant contracts, attorney fees, notary fees and other evidence, which is a reasonable cost, and the court supported it.
Source: Financial World Weekly
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