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based on "Copyright Law"

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Started 10 years ago by gsdvhyhg1a

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 Teachers prepare textbook royalties, in the end is a legitimate public funds to personal income, or on behalf of the unit charged? July 29, 2011, Zhejiang Province, Hangzhou City Court verdicts: Hangzhou Education Bureau original research staff Zheng Zi Han guilty of embezzlement and sentenced to six years. This decision sparked widespread concern the legal profession. Zheng Zi Han Department of Education, Hangzhou is the original teaching and research staff, senior secondary school teachers, Zhejiang province grade teacher, Deputy Secretary for Education and Information Technology Institute of Professional Committee of Zhejiang Province, primary and secondary education, the Ministry of Education Distinguished experts. In 1996, Zheng Zi Han contact convened teaching staff of secondary schools in Hangzhou, co-authored the Primary and Secondary Schools "informatics" teaching material. Zheng's wife,mbt outlet, said Zou Hong, these teachers are the preparation of the materials utilized spare time. In 1998,http://www.mysite.net.in/rntyevp1q5/230034/old+watering+too.html, the name of the book "" informatics "Writing Unit", published by Zhejiang University (microblogging) Press, later became some of the trial materials Hangzhou School Information Technology Course. Reporters saw at the earliest versions of the book, its signature on the copyright page editor Zheng Zi Han, by the editorial board Ni Wang Yue Hangzhou dozen middle school teachers served. At the same time, noted Zheng Zi Han contract signed with the publishing house, "the copyright owner" Zi Han Zheng, author name includes a column Zi Han Zheng and other 15 people. The contract clearly: the basic remuneration plus royalties impression 8% of royalties. " In 1999,http://www.infocrystal.com/alink/apeboard_plus.cgi?command=read_message&msgnum=860/, the publishing house again Zi Han Zheng signed a publishing contract, pay royalties in proportion to the price of the book version 8 per cent tax rate. In 2000, the textbook publisher to Zhejiang Science and Technology Publishing House, the title changed to "the middle school." Specified in the contract publishing,http://nozoki.fooo.jp/top/kokuhaku/aska.cgi?nlichkeit, publishers pay royalties to the copyright owner, royalty rate of 8%. Contract is valid for 10 years. In 2001, "Primary and Secondary Schools" by the provincial approval, became the official textbook. Thereafter, textbooks reprinted and adapted into a series of textbooks. By the end of 2009,http://www.samtpfoten.at, all the publishers Royalty Zi Han Zheng into the bank card account, according to Zheng Zi Han then everybody involved in the teacher's workload, royalties will be distributed to other authors. In early 2010, the Audit Bureau in Hangzhou routine audit found that Zheng Zi Han alleged "misappropriation and embezzlement of public funds." Zheng Zi Han does not want to understand that he saved in the bank card royalties Why may become public funds? It turned out that the key problem is that, in 2005,babyliss pro perfect curl, Hangzhou Education Bureau Poor's classroom after the new head office,http://ocvs.cfv.jp, with the publishing house signed another contract, the copyright owner "Zheng Zi Han" is changed into "City & Poor's classroom." The contract also stipulated: B version rate of 20% to be paid to Party City & Poor's classroom "reward", Royalty prepare and organize the preparation fee includes royalties Party. Contract is valid for three years. In 2008, it signed a contract with the same content again. While Zheng Zi Han actually been unaware of this,http://store.shopping.yahoo.co.jp/waiwai/dw-9052-1vcg.html. Although the authors make a change, but did not press all royalties contract to the new copyright owner, but based upon past practice, 8% Zheng directly into personal bank card account. Zheng Zi Han also think it is right and proper labor income, did not think there is anything wrong. In 2010, after several returned for supplementary investigation, prosecution Zheng Zi Han suspected of embezzling public funds, embezzlement prosecution. July 28, 2011, under the city court of embezzlement and sentenced to six years in prison Zi Han Zheng. Judgment of the Court that the defendant Zheng Zi Han Pu classroom teaching and research staff of Hangzhou identity, organized the compilation of textbooks in the school teacher, should be regarded as the representative of the Department chaired, on behalf of the unit will be the creation of the Department; Department paid to writers pay 8% including the preparation of overhead costs, it should be regarded as material support for teaching and research materials prepared; the materials by the Department responsible for subscriptions and responsible, and not involved in the employment of labor relations between teachers and the Department prepared, so the copyright materials should attributable to Hangzhou Cape classrooms; including issuing Zheng Zi Han handling remuneration of 8% to 20% of the profits of public funds were all in nature. During the press defendant Zheng Zi Han Zheng account to pay royalties into the other accounts, purchase funds for personal profit-making activities, misappropriation of royalties totaling RMB 84 million yuan, constitute embezzlement of public funds. The defendant counsel,karen millen sale, Zhejiang VI Lawyer, Criminal Lawyers Association Professional Committee of Zhejiang provincial director Tian Wei that, according to China's "Copyright Law", "Primary and Secondary Schools" Series of ownership of copyright in Zheng Zi Han et al. it is not legal work,scarpe mbt, nor is it works for hire, but the natural works, thus 8% royalties royalties are not public funds. Zheng Zi Han conduct did not constitute embezzlement of public funds,http://www.alexandrite.in, embezzlement. China's "Copyright Law" stipulates that the copyright belongs to the author, the author creations citizens. If there is no proof to the contrary, on his works of citizens, legal persons or other organizations for the author. Tian Wei believes,babyliss curl secret,http://store.shopping.yahoo.co.jp/spark-inc/relayless-1.html, based on "Copyright Law", copyright in the manuscript written and clearly existed when the textbook was undoubtedly Zheng Zi Han copyright and other author, so the copyright royalties due to the formation of public funds becomes unlikely. Tian Wei said, "Copyright Law" stipulates that only "presided over by legal persons or other organizations, legal persons or other organizations will create, the responsibility of a legal person or other organization works", legal persons or other organizations can be considered as the author, in order to become copyright owner, and look at the case, the beginning of the formation of copyright materials, you can see not "on behalf of the legal person or other organization will" create. "Copyright Law" provides that "citizens legal persons or other organizations for the completion of tasks by the creation of a service work." "In addition to laws, administrative regulations or contracts, enjoyed by the legal person or other organization duties, the copyright belongs to the author." . Therefore, Tian Wei believes that even if the work is counted as work duties, controls the corresponding provisions of the "Copyright Law", copyright remains Zi Han Zheng and other editors all, of course, still not as royalties and embezzlement. Legal experts believe that the trial of the case only clear copyright ownership, in order to distinguish the nature of the funds involved. Because first instance verdict, Zheng Zi Han has recently Hangzhou Intermediate People's Court of Appeal. Share: welcome to comment I want to comment Microblogging Recommended | hot microblogging today (edit: SN026) 

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