学术期刊出版实践中的著作权问题探讨——从热点案例谈起

Discussion on copyright in academic journals publishing practice:Talking about hotspot cases

赵德馨教授与中国知网的版权纠纷案再次提醒学术期刊,应重视著作权问题并采取有效措施。本研究基于期刊出版实践视角,以该案件为切入点,以“中国科技期刊卓越计划”梯队项目中16家高校中文科技期刊的著作权协议旁证,对学术期刊著作权协议、期刊与作者签订著作权协议,以及期刊与各数据库合作协议中的问题进行分析,并从实际案件判例、社交媒体用户反馈和签订合同双方对等的角度,说明外界对此类问题的认识和处理方式;最后提出期刊的实践应对之策:增强期刊从业人员的著作权意识、采取多种形式对作者进行著作权培训、保护期刊与数据库合作及全媒体平台传播中的权益。希望能为学术期刊的版权协议制定、签署和执行等出版实践活动提供借鉴。

This paper sorts out the issues that academic journals should pay attention to from the copyright dispute cases and provides reference for academic journals to formulate and sign copyright agreements.Taking the copyright dispute case between Professor Zhao Dexin and CNKI as the starting point supplemented by the circumstantial evidence of the copyright agreements of 16 Chinese journals of the excellent plan echelon project and at the same time consulting the relevant academic journal copyright dispute case materials from the theoretical and practical levels this paper analyze the relevant copyright issues that academic journals should pay attention to.From the academic level the types of copyright involved in the publishing activities of academic journals the copyright agreement signed between the journal and the author and the cooperation agreement between the journal and each database were analyzed.And from the perspective of actual case precedents social media user feedback and the equivalence between the two parties signing the contract this study explains the outside world􀆶s understanding and handling of such issues.The importance of addressing such issues is illustrated by the principles of equivalence and contractual equivalence.Academic journals should pay attention to copyright-related issues from multiple perspectives and seek good cooperation with authors and databases while ensuring the legitimate rights and interests of journals by enhancing the copyright awareness of practitioners and taking various forms of copyright training for authors.It is hoped that this study can provide reference for publishing practice activities such as the formulation signing and implementation of copyright agreements for academic journals.