More is expected? (copyright law/reproduction/novel/remuneration)

More is expected? (copyright law/reproduction/novel/remuneration)

Li Dongtao

Description: out of print ≠ out of copyright

The Facts

From the ones who give,

More is expected.¹

This is a case about “more”.

The plaintiff is a professor.

The defendant is a publishing house.

In January 1993, the defendant concluded a contract with the plaintiff. According to this agreement, the defendant was licensed to publish the plaintiff’s novel and would pay the remuneration when the book was published. 

In October 1993, the defendant published the plaintiff’s book with the author identified as the plaintiff. 15,000 copies of the book were printed.

Soon afterwards, the plaintiff got his remuneration.

In August 1994, the plaintiff’s book was out of print, so the defendant republished it. This time 10,000 copies were printed, but the defendant didn’t inform the plaintiff or pay him any remuneration.

The plaintiff sued the defendant for copyright infringement.

The defendant argued that the copyright infringement was not established because it was for the market consideration and the plaintiff’s remuneration had been paid.

Analysis

The copyright infringement is established.

There is no doubt the plaintiff and the defendant signed a license contract about publishing the book, and, they didn’t ink that the remuneration should be paid only once.

This contract is valid.

Accordingly, the defendant shouldn’t refuse to pay the plaintiff the remuneration of the 1994.

In short, more is expected, but not including infringement.

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