These days, Xu Guixiang stays in an army unit in Henan province, experiencing military life, as he usually does, to collect materials for his new book. Xu was the winner of the 6^th Mao Dun Literature Award for his novel The Sky of the History, which has been adapted to a TV play and enjoys hot broadcasting ratings.

 

  Xu Guixiang is a prolific writer. In addition to The Sky of the History, he is also famous for novels such as Sweet Osmanthus Blooming Everywhere in August, Elevation, The Highland, novelettes Traceless Ballistic Trajectory, The March, Decisive Battle, and the anthology of stories Under the Sun. Most of them are prize-winning works, witnessing the arduous work of this military writer. However, when he was wholeheartedly engaged in creation, his works were included silently in Google’s digital library, and he, the author, was in the dark about it until he read the news.          

 

  With the volumes of reporting by the domestic media in recent months, the Google digital library infringement event is like a heavy bomb thrown into the entire network. Reactions to this abrupt “massive infringement,” have ranged from mild to mocking, gloating to protesting.       

 

  Chinese authors are the direct victims of this event. Described as “in the collective indignation,” they rallied together to protest against Google, and condemned its “operation overload” as a “ripoff” a “cultural invasion” and “network hegemony.”

 

  Through the interview with several famous authors, we can see that besides the fury, they are also filled with confusion about how to protect their legal rights in the digital age.

 

 

  A few days ago, Li Mingsheng, another military writer renowned for “Spaceflight Pentalogy” China 863 Program and Global Search for Peking Man, learned from his attorney that some of his works were reproduced by Google’s digital library. He told this journalist, indignantly: “In this information age, it is a good thing to make our works available. However, some Internet companies are too unscrupulous. In order to make profit, they snatch our works without even asking.”  

 

  Li Mingsheng started his writing career in 1981, and has won the first and second Lu Xun Literature Awards, Outstanding Reportage Award, the Best Works Award, China Book Prize, Feng Mu Literature Prize, the Whole Army Literature Prize and The Contemporary Era Outstanding Reportage Award. He was startled and angered to know that all the fruits of his labor, more than 20 novelettes, long reportages and interviews that had been published, were usurped by Google’s digital library.      

  In accordance with the Ordinance on the Protection of Copyright for Network Dissemination of Information, “Work holders’ rights to network dissemination of information shall be protected by the Copyright Law and the present Ordinance, “Except as otherwise stipulated by laws and administrative rules and regulations, an individual or entity that makes Works publicly available on or over an information network must obtain prior authorization from, and pay remuneration to, the copyright holder(s) of such Works.” We can see that Google’s reproduction without the prior authorization from copyright holders is actually an act of infringement.  

 

  What infuriates Chinese authors more is that Google, after conducting the theft, unilaterally offered a neither reasonable nor equitable “settlement agreement.”    

 

  “Network infringement has become the most destructive ‘invisible killer’ for Chinese authors,” said Li Mingsheng.

 

  Google’s arrogance is dependent on its dominant role in network search.  

 

  “Being such a big global company located in such an information-developed country, Google is the last company ignorant of the significance of IP protection. It never snatches the works of American authors or authors from western countries without informing them first. However, in the Chinese market, it acts in a totally different way – disregarding others’ intellectual property rights; knowingly violating the basic rules that should be observed in all civilized countries. Google is bringing shame on itself,” said Zhuang Jian, a senior journalist from Guangming Daily.    

 

  “From a higher level, Google’s infringement is based on the use of new technology, the profit-purposed will and the massive power. It is bloody and nasty,” added Zhuang.

 

 

  The unauthorized inclusion and the ridiculous “60 USD per book compensation” is simply a reflection of Google’s arrogance and distain for China’s intellectual property law. Its action and attitude, especially the content of the “settlement agreement” are unacceptable to all Chinese authors.

 

  According to the settlement, if the author rejects Google’s right to scan, he or she should appeal before Jan 5, 2010. Authors should approach Google authorizing the scanning and get the compensation before June 5, 2010. These “applications” and “deadlines” terms further show Google’s disregard for the basic rights of copyright holders.  

 

  Zhang Hongbo, Deputy Director of the China Written Works Copyright Society (CWWCS), told Chinese media, “the normal process is authorization, pay and then use. Google totally reversed this rule.”

 

  Xu Guixiang told this journalist: “When a digital library collects the works of copyright holders and sells the reading right to earn profit, it shall obtain prior authorization from the copyright holders, signs relevant contracts with them and pay remuneration to them. This is the rule.”

 

  “Whether 60 USD too high or too low is not important. The problem is that Google has seriously violated the legal rights of copyright holders by reproducing their works without prior authorization,” a legal expert pointed out.

 

  Chinese authors need money, but money is not their only concern. Or rather, they prefer respect to money. However, Google neither gave them reasonable compensation, nor granted them the right to be informed, which is undoubtedly an insult to their dignity.    

 

  The sharing of a network never contradicts its commerciality. Google, in the name of serving public good, claims to “integrate the information in the global range so that every one can access easily and search for reference materials conveniently.” By attracting a huge number of authors and viewers, Google will surely find smart profit models in its so-called free services. After all, Google is not a commonweal library, but a profit-purposed listed company. “Sharing” is nothing but a necessary step for its profitable business.   

 

  Sharing cultural resources has become a trend in the Internet age; but at the same time the copyrights of any individual author should be respected and protected.

 

 

  Copyright protection of online digital works has become a constant concern and a research subject in the intellectual property field. However, Chinese authors will find it too hard to sue a domestic company in a local court, needless to say to sue a foreign company in a foreign court.

 

  Sha Lin, the essayist and the chief editor of China Offshore Oil Press, expressed his opinion: “With scientific and technological progress, Chinese authors must raise their IP protection awareness and strengthen the effective protection over their works.”

 

   “All copyright holders must be aware and safeguard their legal intellectual property rights, and fight against all business torts. This is the patriotism that a Chinese author or a copyright holder should have,” echoed Xu Guixiang, a little excited.

 

  However, it is like trying “to hit a stone with an egg” for an individual author to sue Google, such a gigantic multi-billion-dollar corporation.  

 

  In Sha Lin’s opinion, admission in a protection organization such as CWWCS will be very helpful. Copyright holders sometimes do not even know about what is going on with their works. Without the intervention of a professional organization, copyright protection will be empty talk. “The contentious Google case is a good example of how we can awaken Chinese authors to the situation they are in,” he said.

 

  It is known that CWWCS is now actively working on campaigns and calling on Chinese authors to protect their legal rights. The Chinese Writers Association has also expressed its firm support for copyright protection. Many authors have entrusted CWWCS for the campaign.

 

  Google is not isolated in copyright infringement. As a matter of fact, “online piracy” has already been in existence for years in China.

 

  Free-lance writer He Baoguo left a message on Chinawriter.com.cn on November 1^st, 2009, saying that “Google’s digital library included nine of my books. But I have reconciled with it. I think Google is much better when compared to some domestic websites, which have included my books without informing me or paying a penny.”

 

  Zhuang Jian expressed her concern for such illegal reproductions: “Every book is pooled by the author’s arduous creation and the publishing house’s over and over again polishing, compilation and printing investments. But now, some websites, including some portals, digitize them without first seeking permission from publishers or authors. This is a theft.”  

 

  Reproduction and dissemination of digital works on the Internet is low cost, but it is does serious damage to copyright holders’ legal rights. Recent years have also seen many domestic E-book websites including copyrighted books in their database without authorization.

 

  This easily reminds people of the infringement case of Li Mingsheng and six other authors vs. Sursen that happened two years ago.

 

  “Beijing Sursen Electronic Co., Ltd. is a typical Internet infringer,” said Li, “It signed the so-called contract with authors, which was actually setting a flower-covered trap for us, and was deceptive.” Finally, Li and six other authors took Sursen to court, and Beijing Haidian District People’s Court and Beijing No. 1 Intermediate People’s Court both made a fair judgment on the case.

 

  Li described these companies as, “doing the most uncivilized things under the banner of ‘disseminating civilization’; flouting the law and disrespecting the hard work of authors.”

 

  Li further pointed out that “slack law enforcement and lax supervision is the main cause for the rampant Internet infringement. However, the authors’ lack of knowledge in this area and the lack of courage or ability to safeguard their legal rights are also to blame.” Li suggests that for serious violators or inveterate infringers, administrative measures should be exercised to give them heavy punishment, or even shut them down. Li thinks that this is the only approach to a fair and harmonious cyber culture.     

 

  We must realize that in the digital age, copyright protection is a gradual learning and continuous improvement process, and we are just in the initial stage.

 

  The copyright protection activity by these Chinese authors also reminds us that reading books is both beneficial and costs money.  IP

 

(China IP counselor Guo Xiaohong contributed to this report.)