Reply to Copyright Infringement
Respondent: XXX Publishing House
Respondent: Yang Moumou
In the case of copyright contract dispute between the respondent and the respondent (Case No.: XXXX), based on the facts and Regarding relevant laws and regulations, the following defense opinions are hereby put forward:
1. The "Copyright Authorization Contract" signed by the respondent and the respondent has been completed in accordance with the contract, and both parties have The rights and obligations under the contract have been terminated, and the respondent’s request to terminate the contract is without legal basis.
On X month XX, 20XX, the respondent signed a contract with the respondent The "Copyright Authorization Contract" (the "Contract") was entered into, and the contract stipulated that the respondent was obligated and had the authorization of the respondent to publish the respondent's "XXXX Travel Notes" research ("work"). Now the respondent has already published works in accordance with the contract and donated eight hundred books to the respondent. The respondent has fulfilled its obligations under the contract. The rights and obligations of both parties under the contract have ceased, and there is no issue of termination of the contract. . Article 94 of the "Contract Law of the People's Republic of China" stipulates that the parties may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties has made a clear statement Or show by his own behavior that he will not perform the main debt; (3) One party delays the performance of the main debt and fails to perform within a reasonable period after being urged; (4) One party delays the performance of the debt or commits other breaches of contract, resulting in the failure to achieve the purpose of the contract; (5) Other circumstances stipulated by law. None of the circumstances in this case meet the provisions of the above clauses. Accordingly, the respondent's request to terminate the contract has no legal basis.
2. The 20,000 yuan payment stipulated in the contract by Party A (the respondent) to Party B (the respondent) is a contractual obligation that the respondent should perform. The plaintiff's request for a refund has no legal grounds
Article 16 "Supplementary Clauses" of the contract stipulates that the respondent provided four hundred books to the respondent, and the respondent The respondent paid a fee of RMB 20,000 to the respondent. In fact, the draft work submitted by the respondent has no unique insights and noIt has academic value, irregular style, and many typos and sentence errors. It was originally far from meeting the requirements for publication and did not have the expected market response. However, considering that the respondent was old, ill and had a strong desire for publication, and could not bear the blow of the work being refused publication, the respondent signed a self-funded publishing contract with the respondent after coordination with many parties. The respondent's payment of 20,000 yuan in publishing funds to the respondent was a fulfillment of its obligations under the contract, and the 20,000 yuan was basically used for the publication cost of the work. The respondent claimed that the suspicion that the respondent was suspected of "selling book numbers" in collecting the 20,000 yuan in publishing funds is purely subjective and has no evidence or legal reasons. Therefore, the respondent has no right to request refund.
3. According to the contract, the respondent has no obligation to return the manuscript, and the respondent cannot pursue the manuscript from the respondent for any reason
Neither the "Copyright Law of the People's Republic of China" nor the "Regulations on the Implementation of the Copyright Law of the People's Republic of China" stipulate that publishers have the obligation to return or exchange unpublished manuscripts. "A heavy weight is used to make a light effort", the respondent has no obligation to return the original manuscript of the respondent's work that has been published in accordance with the contract, and there is no infringement of the respondent's copyright, including the right of publication. In addition, Article 4 of the contract signed by both parties, "Delivery of Works", stipulates that the respondent shall keep the manuscript for himself. Except for the fact that both parties have made a special agreement to return the original pictures used in the manuscript and as otherwise stipulated in Article 7 of this contract, the respondent shall not be obliged to return the manuscript under other circumstances, and the respondent shall not have any recourse against Party B for any reason. manuscript. Therefore, there is no justifiable reason for the respondent to request the return of the manuscript.
To sum up, the People's Court is requested to ascertain the facts and basis, reject all the respondent's claims, and safeguard the legitimate rights and interests of the respondent.
Sincerely
XXX Intermediate People's Court
Respondent: XXX Publishing House
Copyright is a very important right for authors, which can make their articles liked by more people. For copyright infringement, the author has the right to file a lawsuit in court. If you have any other questions, please feel free to consult online.
