How to correctly safeguard rights in the face of copyright infringement of literary works such as books

Internet e-commerce platforms have broken down geographical boundaries and made the prices of all commodities clear at a glance. In order to gain a sales advantage, merchants have competed on price; there is no lowest price for the same commodity, only a lower one. Online low-price competition has unequal and unfair competition on offline physical store sales costs, seriously impacting and threatening the security of traditional sales channels and marketing structures.

Book products are the hardest hit by low-price competition. Two different situations of low-price book products are described below:

1. Genuine books, sold at low prices

Selling genuine books at low prices harms the interests of other book sellers; this kind of behavior is not an infringement and is not prohibited or regulated by national law. Marketing channel management should be carried out by the copyright owner, which is an internal management behavior in corporate operations.

Therefore, it is recommended that rights holders manage the book distribution process by agreeing on relevant terms of the contract or by printing traceability codes on the products to prevent vicious competition at arbitrary low prices.

2. Selling pirated books

Books printed without the permission of the copyright owner infringe upon the copyright owner's right of reproduction and distribution, which is an infringement. After the copyright owner obtains evidence, he can file a lawsuit with the People's Court. The relevant key points and difficulties are as follows:

1. Fixed evidence must be notarized

Pirated books cannot be effectively judged by their price alone; if genuine books are sold at a reduced price in order to collect funds, it will not constitute infringement.

Therefore, the entire process of purchasing books must be notarized through a notary office and a notarial certificate must be issued; the right holder must identify and confirm that the purchased book is a pirated book; in order to ensure success after filing a lawsuit in the People's Court.

2. There are a large number of Internet stores, they are widely dispersed, and it is difficult to implement compensation.

Pirated books are often sold in dozens or even hundreds of online stores at the same time, and some stores have marked sales of 10,000+ or 100,000+.

The single product sales marked by each store are basically caused by brushing orders or modifications, and are not real sales. When the court determines the amount of compensation, it will consider the defendant's actual sales volume; it will not rely solely on the sales volume displayed on the page as the basis for calculating compensation.

Since the specific compensation needs to be borne by the registered operator of the store, the operators may be distributed across the country, and the households may be separated, and the identity cards may be borrowed, etc., all of which may lead to difficulties in court service and subsequent execution of judgments. .

Many of the above factors make rights protection costly and difficult, leading to rampant piracy.

In the long-term process of providing rights protection services to rights holders, our firm has established a full-process service from evidence fixation to filing civil litigation, with a team composed of relevant professionals in each link; effectively solving the problems of high cost and low efficiency of Internet infringement .