NANJING: The nation's first copyright lawsuit against governmental bodies has
been filed in Nanjing, capital of East China's Jiangsu Province.
Beijing-based Sanmianxiang Copyright Agency is accusing two governmental
organizations of infringing their copyrights.
Liao Xingcheng, a prolific writer on rural development in Hebei Province,
signed a copyright transfer contract with the company two years ago for several
of his published articles.
But Sanmianxiang found in December 2004 that Jiangsu Provincial State
Taxation Bureau and the Agriculture and Forestry Bureau used two of Liao's
articles on their official websites, without paying any money to the agency or
even identifying Liao as the author.
After initial negotiations failed, Sanmianxiang listed the two governmental
bodies in a lawsuit to Nanjing Intermediate People's Court on Monday, demanding
they stop publishing the articles and also deliver a public apology on their
websites.
The agency also wants 6,000 yuan (US$750) compensation from each bureau,
which includes their notary fees and lawyer's payments.
According to Zhou Jiejing, a lawyer representing Sanmianxiang, the company
originally targeted 106 governmental bodies from both Jiangsu and Anhui
provinces last year, accusing them of infringing their copyrights.
Fifteen bureaux in Jiangsu have since agreed to pay the copyright fees and
apologize publicly.
But dozens of other bureaux are still insisting they have done nothing wrong.
"We are using the articles for public welfare. We are not commercial
websites," said a worker surnamed Wang, from Jiangsu Provincial State Taxation
Bureau.
Wang's view is shared by many of his colleagues.
"Governmental websites usually have little funds to operate with. If they
have to pay copyright fees for every article, they have no money left," said one
member of staff, who asked not to be identified.
But Zhan Qizhi, manager with Sanmianxiang, said this was no excuse for them
to neglect copyright regulations. "Being operated by the government, they should
set a good example to other commercial sites in obeying laws and regulations."
According to Zhan, they targeted the governmental websites in their campaign
on copyright infringements as their operators were easy to track down unlike
those who run commercial websites.
The case will be dealt with next month, according to a staff from Nanjing
Intermediate People's Court.
(China Daily 03/29/2006 page3)