Guo Jingmings how many flowers fall in a dream sold on an e-commerce platform. Network screenshot
However, the reporter found that at present, many e-commerce platforms still have the book how many flowers fall in a dream on sale, and many shops also mark the words of genuine collection, genuine stock, buy at ease and so on. Prices range from 20 yuan to 78 yuan and the publication date is November 2003.
Because this book is out of print , and the publishing house is no longer publishing, the publishing time is relatively long, and the collection cost is relatively high, so the price is higher than the publishing price at that time. An e-commerce platform store told reporters. When the reporter asked if he knew the book was plagiarized, the shop owner said, plagiarism does not mean that it cannot be sold. It is a legal publication published by a regular publishing house.
Publishing House: no right to ask e-commerce platform off shelves
In the early morning of December 31, 2020, Guo Jingming apologized to Zhuang Yu in a microblog, expressing regret for not admitting his mistake after the court judgment.
Guo Jingming also said at that time that he would compensate Ms. Zhuang Yu for the online and offline royalties and income from the publication of how many flowers fall in a dream. If Ms. Zhuang Yu is not willing to accept it, I will donate the money to charity organizations for public supervision.
On January 13, a staff member of Chunfeng Literature and Art Publishing House responded to the cover reporter, saying that because the copyright of the book has expired, the publishing house has stopped publishing and selling, and has no right to ask the e-commerce platform to take it off the shelves.
The staff also told reporters that Chunfeng Literature and Art Publishing House has emptied the stock of the book, and the books sold on the Internet are not currently issued by the publishing house. In 2006, the Beijing Municipal High Court decided that Guo Jingmings novel how many flowers fall in a dream was plagiarized, the publishing house stopped selling, and the copyright expired. Because its not in the copyright period, theres no way to ask the platform to get off the shelves, and this book has been published for a long time, so its hard for us to recover it.
Palace lock Liancheng book sale. Network screenshot
Coincidentally, the reporter also found that the screenwriter Yu Zheng copied Qiongyaos work gongsuo Liancheng, which is still on sale on a Book e-commerce platform, including the TV series gongsuo Liancheng DVD and the first and second volumes of books published by Jiangsu literature and Art Publishing House.
On January 13, a staff member of Jiangsu literature and Art Publishing House responded to the reporter that the incident was under investigation and that the publishing and distribution of the book was carried out by other agencies.
This book has been taken off the shelves in our company. On the online shopping platform, there are some goods or pirated books handled by bookstores, which do not belong to us. A staff member of Hunan Meili Culture Communication Co., Ltd., which is responsible for the publication of the book gongsuo Liancheng, told reporters that readers can directly report to the merchants that the company has no right to take the products off the shelves.
Legal person: the obligee can inform the platform and ask it to be removed
Zhu Wei, deputy director of the communication law research center of China University of political science and law, told the cover reporter that the infringing work itself is flawed as a product. The obligee can tell the Internet platform to request the book to be removed from the shelves, and the business can ask the publishing house to compensate for the losses. If a distributor is still distributing, the obligee can still sue for damages.
Infringing works should not harm others, including the sale on the platform. Wang Hui, a lawyer at Beijing Jingshi law firm, said that according to the judgment, the platform should immediately take the book off the shelves, stop selling it and return the damage to zero.
Wang Hui believes that although the law does not clearly stipulate that the publishing house should inform the platform to get off the shelves, from the basic responsibility, the publishing house should send a letter to the platform to inform the platform that the book is an infringing book. He also suggested that consumers should actively reflect the infringing books to the platforms and bookstores to protect the purity of literary works.
Earlier report > >
On the evening of January 8, well-known writer Zhuang Yu published a screenshot of her interview with China intellectual property news, with an article on the eighth day of the new year. In the report reproduced by Zhuang Yu, Zhuang Yu once again talked publicly about Guo Jingmings apology. At the same time, she also mentioned another Yu Zheng who apologized for infringing Qiongyaos property rights.
Zhuang Yu revealed that Guo Jingming and Yu Zhengs apology was not spontaneous, but forced by Chinas increasing efforts to protect intellectual property rights. Without the appeals of Yu Fei, Wang Hailin, song Fangjin and other editors, without the joint signatures of 156 film and television practitioners, and without the vigorous publicity of the media, Guo Jingming and Yu Zheng would not have apologized.
It is reported that on December 31 last year, Guo Jingming wrote a long apology statement, reflecting on his mistakes, saying that he would publicly apologize to Zhuang Yu and compensate for the losses. In addition to Zhuang Yu, Guo Jingming also apologized to the public and all the original authors.
Later, Zhuang Yu issued a letter to accept Mr. Guo Jingmings apology. As for Mr. Guo Jingmings proposal to compensate her for all the online and offline royalties and all the income after the publication of the novel, she puts forward a new proposal: to combine all the online and offline royalties and all the income after the publication of the novel with the income of the novel Establish an anti plagiarism fund to help the original authors protect their rights and accept public supervision.
In this regard, Guo Jingming forwarded his microblog to express his gratitude, and agreed to Zhuang Yus proposal to jointly set up a foundation to create a better original environment for the creators.