Friday, May 20, 2011

TGIF, But What Happened To This Author's Moral Rights On The Site?

星期五: Friday
Thank Goodness It's Friday

I just finished a blog post on Professor Ken Shao's interesting article, see here, which ironically is about morality in copyright, and now I see his article republished on the site of Intellectual Property Protection in China Copyright battles shouldn't be fought for the wrong reasons. The source "Global Times" is mentioned, but not Professor Shao's name. And there is no link going to the original site, so you have to do some detective work to find the author.

I know it's almost weekend but not giving attribution to the author is not something I expect from, nor something an author needs to accept.  

Article 22 Copyright Law: "In the following cases, a work may be exploited without permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work shall be mentioned and the other rights enjoyed by the copyright owner by virtue of this Law shall not be prejudiced:
(3) reuse or citation, for any unavoidable reason, of a published work in newspapers, periodicals, at radio stations, television stations or any other media for the purpose of reporting current events;"
Ok, it can be republished, however...

... there are moral rights in the Chinese copyright law. Here are two examples:
Article 10 Copyright Law: "The term "copyright" shall include the following personality rights and property rights: (l) the right of publication, that is, the right to decide whether to make a work available to the public;
(2) the right of authorship, that is, the right to claim authorship and to have the author's name mentioned in connection with the work;".

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