First, actively use criminal means and introduce the intervention of public power.
In order to protect intellectual property rights, China not only stipulates the civil liability for infringing intellectual property rights, but also stipulates that infringing intellectual property rights will constitute a crime under certain circumstances. Nowadays, many websites put domain names and servers abroad for the convenience of infringement. If the civil liability of these websites is directly investigated, such as stopping the infringement or compensating for losses, the infringer is often not found when the civil lawsuit is initiated. But these infringers are in China, and they control websites in China to earn income. According to the provisions of the Criminal Procedure Law and other laws, this crime is committed in China, and China judicial organs have jurisdiction. Judicial organs have more professional and stronger investigation means than ordinary people, and it is easier to find out the facts of the case and control the infringer (criminal suspect). After the infringer is investigated for criminal responsibility by judicial organs, he can be investigated for civil responsibility, which can be the first way for the right holder to consider.
Article 217 of China's Criminal Law stipulates: "Whoever commits one of the following acts of copyright infringement for the purpose of making profits, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television and video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products made by the producer without permission;
(4) producing or selling works of art with forged signatures of others. "
Copying other people's online novels on the website belongs to the first act that constitutes the crime of copyright infringement as stipulated in Article 2 17 of the Criminal Law. So under what circumstances is "the amount of illegal income is large or there are other serious circumstances", that is to say, where is the threshold for conviction?
In short, the website may be suspected of committing a crime if:
1, the infringing website is for profit;
2. More than 500 infringing articles;
3. The illegal business amount is more than 50,000 yuan.
If the obligee finds that a website not only uses its own articles without permission, but also uses a large number of other people's articles, the number of which is more than 500, and there is a profit model such as advertising, he can choose to report it to the public security organ and ask the public security organ to investigate and deal with it, and investigate the criminal responsibility of the person in charge (organizer) of these websites.
Second, authorize or transfer the right of network communication in copyright.
Defend the rights of literary novel websites and literary websites.
Compared with individuals, literary websites will be more powerful as companies.
Infringement will directly affect the income of websites, and literary websites also have enough motivation to protect their rights. Nowadays, large-scale literary websites generally have employees in charge of intellectual property rights, who have more professional knowledge than authors.
For example, Shanda Literature, a major online literature content provider in China, has repeatedly reported to the public security organs to cooperate with the investigation, resulting in the investigation of many pirated literature websites such as Novel 520 and Novel 5200. Shanda Literature has sued other websites for copyright disputes many times, and maintained the right of network communication through civil litigation.
However, the rights protection of literary websites also has limitations, because there are too many infringements, and literary websites only choose limited infringers to protect their rights from their own interests. The interests of a literary website may be different from those of a specific author under certain circumstances, and the author cannot pin all his hopes on the literary website.
Third, adopt the way of collective entrustment.
Collective entrustment, that is, several obligees entrust a law firm or lawyer to defend their rights.
The main obstacles for rights holders to safeguard their rights are lack of professional knowledge and skills and limited time. They could have entrusted lawyers to defend their rights. But now the income of domestic online writers is not high, and the lawyer's fees of intellectual property lawyers are generally expensive. If a single writer entrusts a lawyer, the burden is often heavy. Several or a dozen or dozens of online writers can unite to entrust law firms or lawyers with rights protection. In this case, network writers can reduce costs, and lawyers can also solve problems such as work expenses.
Two years ago, I started the legal aid program for 100 writers, which achieved good win-win results. Some time ago, several writers collectively defended Baidu because they thought Baidu Library infringed copyright.
Fourth, transform intellectual property achievements in a timely manner.
According to media reports, "Wu Da Di" is the latest work of a high-rise building. It is a writer of online novels and is still being serialized. Faced with such a work that is still being created, Gaolou found that the game of the same name had been completed before the novel. On Baidu, searching with Emperor Wu as the key word, the first search result is this web game marked as Emperor Wu, and the game also claims to be an adaptation of the original work of Emperor Wu. Yi Cao said helplessly that the copyright of Emperor Wu has been sold to Chuangshi Chinese website, and the game has not been adapted.
Realistically speaking, if you just wrote an online novel of Emperor Wu of Han Dynasty, the author or copyright owner of Emperor Wu of Han Dynasty has no right to prevent others from developing and operating video games or online games with the same name. Generally speaking, the title of a novel does not enjoy a separate copyright because it is not original. Online novels and online games are very tolerant in user groups, and the fame gained by online novels is easily borrowed by online games. The superposition of some situations may constitute unfair competition, but if the author or obligee wants to better protect his rights, it is best to transform the intellectual property achievements as soon as possible.