Is dissemination of paid e-books infringement
Purchasing a book only obtains the ownership of the book and does not involve the copyright holder. Forming a consensus and explicitly authorizing or licensing or transferring rights based on the copyright owner's unilateral will does not mean that the copyright attached to the book carrier is also generally or specifically transferred. Assuming that there is no provision for fair use in Article 22 of the Copyright Law, the act of making a few electronic copies of a book and distributing it through information netWorks may violate the author's information network dissemination rights and reproduction rights.
Right of information network dissemination, according to Article 10 of the Copyright Act The provisions of paragraph 1(12) of Article 1 refer to the right to provide works to the public by wired or wireless means so that the public can obtain the works at a time and place of their personal choosing.
The right of reproduction is based on Article 10 Paragraph 1 The provisions of subsection (5) refer to: the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, dubbing, photographing, etc.
Because of the particularity of the carrier, electronic books have no copyright protection measures, making it more convenient to copy book content in the Internet age. And once the cost of copying drops, the copyright owner, including the publisher, will The economic interests of the copyright holder are easily damaged to varying degrees. Therefore, as a remedy to the copyright holder, the law clearly stipulates that if the copyright holder has not permitted others to copy or transfer the right of reproduction and does not have fair use, no one shall carry out any action against his or her work. Copying behavior. Similarly, readers or owners of electronic books, under the above circumstances, are not allowed to upload the author's works to servers, network hard drives or other network spaces through the Internet. Otherwise, the copyright owner has the right to force the infringement to cease and Request compensation for losses.
However, according to the current Copyright Law The provisions of Article 22, paragraph 1 (1):
Using a work under the following circumstances can 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 must be specified, and other rights enjoyed by the copyright owner in accordance with this law must not be infringed:
(1) For personal study, research or appreciation, using what others have published works;
Personal is different from private, the former is Refers to the actor using the work himself, while the latter refers to others, disseminating the work to the public through interactive means (information network communication method), and instructing the work to be used only for private purposes, which is the so-called private use, but not in the sense of copyright restrictions. Personal use. One word difference makes a big difference.
Logically speaking, only acts of copying and deduction can meet the personal requirements for personal use, because these acts can be completed by the perpetrator alone; andThere is no scope for personal use terms to apply to restrictions on distribution, rental, and other broad public communication rights. Therefore, if the work is disseminated to a specific person through interactive communication, since the target is not the public, it does not infringe the right of information network dissemination, and there is no need to discuss whether it meets the needs of personal use. In other words, as long as the work can only be obtained by a specific few people in the information network environment, it does not infringe the right of information network dissemination.
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