1. State-owned “Running” supplementary Copyright
1. “Dark war” state-owned private tutors copyright
brewing industry structure changes
Brewing industry pattern change
May 25, Jianli County, Hubei Province, a 9-year old students do not pay for $ 36 on supplementary educational materials, hanged themselves. Tragic events once again push the issue of primary and secondary supplementary cusp. August 17, Press and Publication Administration issued a “Circular on Further Strengthening the management of primary and secondary teaching material published notice” from the publishing, printing, copying, distribution, quality, price, market and other aspects of the standard management requirements. Meanwhile, the fight against published since 2010, supplementary educational materials for primary and secondary action is large-scale inventory nationwide.
This year on May 25, a chinese-foreign joint venture in hubei province trouble only 9 years old for primary school students put on the teaching assistant cost $ 36, hanged himself in died. Painful events once again will be primary and middle school teaching auxiliary problem to the outlet wave. August 17,, issued by the general administration of press and publication on further strengthening primary and middle school teaching auxiliary materials published the management of circular “, from publishing, printing, copy, distribute, quality, price, market, this paper puts forward the normative management requirements. Meanwhile, a according to published since 2010 the primary and middle school teaching auxiliary material inventory of mass action is launched nationwide.
“now see the impact of specific , but the future if the “notice” requirement is the letter are all implemented, then the primary and secondary supplementary industries will face a major reshuffle, the supplementary market structure changes will occur. “Yan Jun is Jiangsu, a Mayang annual sales of 7.6 billion, the company head of private supplementary, since August 17, he has been receiving phone counterparts, the discussion focused on” notice “in the passage: “According to other copyrighted materials for the publication of primary and secondary school supplementary materials, must be legally authorized by the copyright owner. “In other words, if publishers supplementary teaching materials based on existing material, must obtain prior authorization, or we need to assume responsibility for infringement.
” Now we don know the specific effects, but in the future if the “notice” requirement is faithfully implement one, then the primary and middle school teaching auxiliary industry will face big reshuffle, the whole teaching assistant market will change rapidly. “pattern YanJun is jiangsu a sales tax of 760 million yuan of private tutors, head of the company since August 17, he constantly since received peer phone, the focus of the discussion in the “notice” a words: “according to others enjoy the copyright of textbook publishing primary and middle school teaching auxiliary materials, must be in accordance with laws, obtain authorization of the copyright owner. “That is, publishers if according to the current textbooks, teaching assistant materials must be prior authorization, otherwise you will assume tort responsibility.
Currently, the vast majority of primary and secondary materials from state-owned publishing house, which aids the market by private publishing houses account for 80% to 90% of the share due to the private publishing houses do not have a copyright, the plans must be written in books can be published with the cooperation of state-owned publishers, the former ISBN fee paid to the latter general, reviewers fees, management fees and expenses. “notification” of this requirement is equal to the private supplementary company put a “straitjacket.” Yan Jun prophecy: “the next two to three years, supplementary lawsuit industry will certainly continue. “
At present, most of the teaching material of middle and primary school is by the state-owned press, and the teaching assistant market, it up by private publishers 80% to 90% share. Because does not have the right of private publishing organization, the planning of the books written by the state-owned press and must be cooperation can we published, the former general to the later call fee, the pay fees, management fee and other fees. “Notice” of the requirements to be equal to the private tutors company on the set of “inhibitions”. YanJun predicted: “two or three years in the future, teaching assistant industry will constantly.” lawsuit
In fact, the state-owned institutions have started publishing textbooks “rights of war.” January 2011, Shandong aids the company said in a private company to “820 million (the cost of copyright history, problem solving) 10% of annual sales Mayang (annual license fee) authorized book cover printing” the cost of a Publishing House has gained a supplementary educational publishing its series of authorization.
In fact, the state-owned publications agency has popularized the “rights war”. In January 2011, shandong some private tutors company said, the company take “the 8.2 million yuan (copyright history problem solving fee) 10% of annual sales tax (annual licensing fees) authorized book cover the cost of printing” got a press the series published authorized teaching assistants.
state supplementary educational materials publishers and private companies on the need for prior authorization of the heated discussions.
The state-owned press and private tutors teaching material between the company whether to require a commissioned hot debate.
As the issue of the leading textbooks for primary and secondary schools, People Education Press, August 19 books in a professional media published a four versions of “rights special issue”, a comprehensive exposition of his ideas. President Yan Zhongmin think that the market most of the label the “supporting PEP” supplementary educational books, “are relying on the PEP textbook content, structure, to the innovations of style, is the textbook interpretation of the PEP product … These facilities rely on PEP textbook supplementary resources exist, with the PEP brand and profit. Unfortunately, so far, most of them did not receive PEP primary and secondary school textbooks copyright – permission to use PEP. “He believes, according to China ” Copyright Law “the relevant provisions of PEP as a copyright owner the exclusive rights of copyright owners the right to take all kinds of rights as subjects of rights measures.
As a domestic issue of the primary and secondary school textbooks written, the people education press leading August 19 in a library professional media published the four version of “rights issue,” the article expounds their claims. President YanZhongMin think, most of the “complete market mark o lock the reference books , “” all is relying on o lock the textbook content, structure, and style of the creative services to o clock the textbook, is to deduce product … these supporting teaching assistant resources o lock and exist on textbooks, and with the aid of profit by pep brand. But unfortunately, so far, most of them didn get o lock the copyright owner of the primary and secondary school textbooks-by pep permission to use. “He thinks that, according to our country “copyright law of the relevant provisions, by pep as copyright owners and exclusive right, as people have the right to take all kinds of measures right subject rights.
and private aids companies that are not authorized to obtain the materials community supplementary publication prerequisites. Yan Jun said, “I consider whether to publish supplementary authorization, not a necessary condition for supplementary educational publishing, if authorized by the teaching community working in this field as a necessary condition, in fact, lead to greater injustice. I understand textbook publishers for infringement, it should be said there are two possibilities: one is the trademark infringement is a registered trademark of teaching social, supplementary if the company is using the trademark infringement; another infringement, original content is the reproduction of materials, which rights of the two is the bottom line. “
And private tutors are of the opinion that the company has authorized teaching material club is not teaching assistant issue of the prerequisites. YanJun said,” I think whether to get published teaching assistants, not authorized teaching assistants published, if the necessary conditions for the teaching material club as the authorized in the necessary conditions of work, in fact it could spark more unfair. I understand to the teaching material, it should be said that the press infringement of two aspects : one is the possibility of trademark infringement, is the teaching materials, teaching assistant registered trade mark club company if you use is trademark infringement; another infringement, is the original content, teaching material reproduce the two is the rights of the bottom line. ”
for the rights of the dispute between the legal profession have different interpretations. Center for Intellectual Property Academy of Social Sciences, Professor Li Mingde that the materials are compiled works, although a single article has its own copyright, but assembly together, which the previous articles, which articles in the post, itself reflects the editor idea, constitutes compilation of works of copyright. “Reinvent the wheel unless supplementary materials, materials that do not use the structure, style and content of, or have to get authorization.” Tsinghua University Law School Associate Professor Wu Weiguang in an interview that, whether the infringement to be a concrete analysis of concrete cases, such materials compilation of works of fiction is different from the structure, whether there is infringement, needs further exploration.
For two of the battle between rights and legal professionals also have different interpretations. Academy of intellectual property rights LiMingDe think professor, teaching material center belongs to assembly work, although ChanPian articles have their own the copyright, but the assembly together, which article before, which article of the, itself reflected the thinking of the editor, constitutes the assembly copyright in the work. “Unless the teaching assistant materials to the drawing board, it doesn use the teaching material of structure, style and content , or he shall get authorization. “Tsinghua university law school WuWeiGuang associate professor in the interview that, when whether tort to specific case, specific analysis of the assembly of the teaching material that works in the novel works of different structure, if there is any infringement question, to be further discussed.
2. supplementary “cake” Why is it so enticing
2. “cake” why teaching assistants so attractive
copyright dispute in essence, competing interests < br /> The copyright for the benefit of the essence is race
an unnamed private supplementary chairman that the reason why the rush to social rights of state-owned materials, largely to ease the transfer prices After the pressure of business restructuring. He said that procurement by the state primary and secondary materials, free to students, teaching materials by the National Development and Reform Commission price clearly limits; and with local materials and diversified in the past one teaching social domination was broken , a single drop of the circulation of materials, materials and increasingly meager profits, so the agency was now eyeing the supplementary materials, this “big cake.”
An anonymous private tutors, chairman of the company, the teaching materials that state-owned rush to rights, the club is largely in order to alleviate the business enterprise restructuring turn after pressure. He said, now teaching material of middle and primary school by the country, free to give students to use the purchase, the price of the teaching material by the national development and reform commission clear limit; And with the teaching material characteristic and diversification, past a teaching material club the situation of unify the whole country is broken, the decrease of volumes of single teaching materials, teaching material is low, so now profits teaching material to pursuing teaching assistant the club “big cake”.
textbooks for primary and secondary schools is important in China Press source of profit, its output value accounted for 70% of the book market. Compared with the thriving educational publishing, publishing our public and professional publishing market share add up to less than half the teaching aids. The United States, Britain, Japan and other developed countries, the main market is the public books published, the proportion of materials does not exceed 30%. This over-reliance on textbooks for China publishing industry structure makes all the textbooks for publishers as a “lifeline.”
Teaching material of middle and primary school teaching assistant is our country the important profit source, press the value accounts for 70% of the market in the books. And the education publishing monolith, compared to China popular publishing and professional publishing what hold market share up less than half of the reference materials. And the United States, Britain, Japan and other developed countries the main book market is public, the proportion of teaching materials published no more than 30%. Our country the excessively on teaching material of the publishing industry structure teaching assistant press the teaching assistants as “all materials bag”.
textbooks for not only the publishers of the “lifeblood”, is the main source of profit bookstore. According to the financial statements, in 2006 retail sales of books, Sichuan Xinhua Bookstore system 3.5 billion, gross profit 116 million yuan, net profit was only 13.77 million yuan. Sichuan Xinhua Bookstore in the same period to achieve the amount of primary and secondary school textbooks issued 1.82 billion yuan, gross profit of 710 million yuan, net profit of 350 million yuan. South Africa media publishing companies 2010 annual report, company annual sales of 4.76 billion yuan, and its affiliated provincial Xinhua Bookstore sold textbooks for the year exceeded $ 2.6 billion, sales of textbooks for the proportion of total sales accounted for more than 50% .
Teaching is not only the “teaching assistant press,” is the bookstore penis the main source of profits. According to the financial statements in sichuan in 2006, xinhua bookstore system books 350 million yuan, retail sales is 116 million yuan, but net profit margin only 13.77 million yuan. Over the same period, the sichuan xinhua bookstore achieve teaching material of middle and primary school is so 1.82 billion yuan, 710 million yuan net profit margin, 350 million yuan. Publishing the listed company zhongnan media 2010 annual report showed, the company annual sales income is 4.76 billion yuan, and its subordinate province, xinhua bookstore sales assistant materials throughout the year topped 2.6 billion yuan, the teaching materials sales assistant for the company the proportion of total sales of more than 50% .
a publishing industry pointed out that this objectively unreasonable industrial structure has become excessive supplementary promoter. We all feel that supplementary profitable, then surrounded them. The Department “Notice” emphasis on the publication of qualification requirements and the quality of the supplementary examination, may have total control of the supplementary role.
A publishing circles personage points out, the unreasonable industrial structure a teaching assistant too much too objectively the crucible of abuse. Everybody thought that teaching assistants, so watch profitable. The agency “notice” emphasizes the qualification requirements and published on the quality of the teaching assistant examination, is likely to produce total teaching assistant control function.
school aids market, how much, and now the lack of authoritative statistics. However, publishing industry estimates the size of the 40 billion to 50 billion yuan between. After all, China total primary and secondary students in school more than 200 million people. So attractive “big cake” naturally attracted various people.
Primary and middle school teaching auxiliary market actually have DuoDa, now still lack of authority figures. But the scale of the industry estimates published between 40 billion and 50 billion yuan. After all, elementary and middle school students in China totaled more than 200 million. So tempting “big cake” from each party nature.
Currently, the basic issue of written materials by state-owned Press monopoly, but in this market segment in the supplementary, there is no advantage at all state-owned Press . The retail market through the issuance of supplementary schools is almost entirely private company products.
At present, the writing of the teaching material issued by the state-owned press monopoly, basic teaching assistants this market segment in the state-owned press, there is no advantage to speak of. Through the retail market issue of the primary and middle school teaching auxiliary were almost all private company products.
rely on excellent product quality and flexible mechanisms, private supplementary companies stay ahead. Zhang Quan is in Shandong, a publication of supplementary planning 3,000 kinds of sales of 15 billion private Mayang aids the company chairman, he said, the company employs more than 1,000 people, which is responsible for product development more than 700 ; author is paid from all over the country to employ the teacher with practical teaching experience, name of teaching and research staff. “Supplementary future relationship between the students, the quality is not mourning the conscience.” Mr. Chang said that in order always has the quality, the company introduced 7 7 trial schools, the workload is more than 2 times the general Press.
Rely on the excellent product quality and flexible mechanism, private tutors companies account for advantage. ZhangQuan is shandong a years of planning DuoZhong, 3000 published teaching assistant sales tax of 1.5 billion yuan of private tutors the chairman of the board of the company, he said, the existing staff of 1000 companies, including DuoRen responsible for product development with 700 DuoRen; The author is a high pay from all over the country have hired rich practical experience in teaching, the teacher of the research team. “Teaching assistant relationship of students, quality is not his future conscience. “ZhangQuan said, in order to guard the company implements the quality, 7 July, the school workload is general press of more than two times.
National People Congress, Guizhou University Affiliated High School principal, said Guo Ziyi, a number of subjects present your Junior High School is a private use of the preparation of supplementary educational publishing company. Chose the company products, mainly “use of effective, can indeed play a role in the ability to improve the examination.” Schools by seeking the views of teachers, schools that meet the set of supplementary requirements. And the company in order to improve the use of supplementary effect, often organized by free training for teachers.
National People Congress to represent, guizhou university affiliated high school principal GuoZiYi said that, at present, the affiliated use your many subjects is a private publishing companies prepare teaching assistant. Was the choice of the company products, mainly is “use effect is good, really can play the role of the examination skills improve. “The school by soliciting input from teachers, think this set with the requirements of the school teaching assistants. And the company in order to improve the use effect of teaching assistants, often organization for teachers. The free training.
whether private or state-owned, people in the industry believe that some irresponsible companies of private aids to poor aids undermined the market order, which greatly affected the reputation of aids . Vice president of Beijing Normal University Press, said Ma Zhaoyang, Book Fair in Harbin, he had found a private supplementary products to sell on the pounds. “This company is not regulation, the market was their mess.” But he also pointed out that for those good quality brand of supplementary private companies should be protected, and should not beat him to death, and state-owned publishers also be their cooperation, integrating them into the quality system by publishers. Normal Club has organized experts to review the company private supplementary sets of books and found that high quality does meet the requirements of the national publication of standards, is by no means shoddy.
Whether private or state-owned, the industry insiders think, some irresponsible private tutors inferior to the company destroyed the teaching assistant market order, greatly influenced the reputation of the teaching assistant. Beijing normal university press, vice President MaChaoYang said in heilongjiang Harbin had found a book on his private tutors the products of the company are sold by weight to sell. “This company is not regulation, market was them mixed up.” But he also points out that, for those private company good quality of teaching assistant brand should protect, and should not be struck down, a state-owned press can also and their cooperation, put them into the press of the quality system. Normal university club had organization experts to review the private tutors the company a few books , found that high quality, really up to the national standard, the publication of the requirement is by no means of poorly.
3. excessive and compulsory purchase how to crack
3. Too much too excessive and compulsory purchase how to solve
market should play a survival of the fittest effect
Market should play balance effect
Currently, students, parents and schools for the supplementary question to reflect the most intense focus on two aspects: one is excessive, the second is forced to buy.
At present, students, parents and schools to reflect the most strong teaching assistants questions focused on two aspects: one is too much too overcharging, 2 it is compulsory purchase.
some of the students and their parents, supplementary too many varieties, increasing the difficulty of purchasing, but also to a number of poor quality “issue supplementary” the opportunity to fish in troubled waters. According to the Beijing Academy of Educational Sciences in 2006 made a survey in Beijing Xinhua Bookstore sales language, mathematics, English, politics, physics, geography six subjects, up to 11,335 kinds of aids. According to the Beijing Xidan Book Building statistics, including the selling dictionary and CET supplementary educational materials, including over 60,000 kinds of books.
Some students and parents, teaching assistant breed is too much, reflect increased the difficulty of choose and buy, also give some of the inferior quality of teaching assistants “problems” chance to fish in troubled waters. According to Beijing education scientific research institute in 2006, a survey in Beijing xinhua bookstore sales of Chinese, maths, English, political, physics, geographic six of the 11335 species of teaching assistants. According to Beijing xidan book building statistic, it is at present in the dictionary and sell including English 46 class materials, teaching assistant reading more than 60000 kinds.
Mr. Chang said that there are too many varieties of supplementary objective reasons, first, the threshold is too low before the supplementary market, just anyone can compile supplementary , selling aids, Nishajuxia, good and bad; second, after the implementation of new curriculum, the types of materials than in the past, a dozen mathematics textbooks, there are 30 kinds of English teaching materials, the corresponding supplementary certainly should be increased.
ZhangQuan said, teaching assistant varieties have the objective cause too much, a teaching assistant before the threshold of the market is too low, literally what person all can make up teaching assistant, sell, NiShaJuXia intermingled; teaching assistants, Two is to implement the new standard, the kinds of teaching materials after more than it used to, mathematics teaching material, there are more than ten English teaching materials have 30 DuoZhong, the corresponding teaching assistants must also have to increase.
but Zhang spring that just because there are a number of supplementary questions put to completely negate the private supplementary obviously unfair. “No state agency supplementary material quality to be good, certainly not the quality of private Readers are not fools, in the full market competition, good quality products to win readers dominate the market is inevitable.”
But ZhangQuan think, just because some teaching assistant problems the whole private tutors repudiates, apparently not fair. “Not the quality of teaching assistant teaching material club state-owned is particular good, the quality will be no private. Readers and not a fool, in full market competition, good quality products win the reader, seizes the market is inevitable. “
2001 June, Press and Publication Administration and Ministry of Education jointly issued the” primary and secondary school supplementary materials management approach “provides: “prohibit all forms of supplementary educational materials incorporated into the” primary and secondary schools teaching the book catalog. “administrative departments at all levels of education and other relevant departments shall order any form of compulsory primary and secondary schools shall organize students to purchase subscriptions to the school department shall issue or bundled with all forms of supplementary teaching materials. “However, the actual implementation of this provision is not satisfactory.
In June, 2001, the press and publication administration and the ministry of education allots jointly “primary and middle school teaching auxiliary materials management method” regulation: “no will all forms of teaching assistant materials into the middle and primary school teaching book at all levels of education administration directory. Departments and other relevant departments must not with any forms to force schools to order, small and medium-sized school shall not organize students to purchase, distribution departments shall not to school with the teaching material or subscriptions sell all forms of teaching assistant materials. “But the rule of the actual execution is not ideal.
supplementary issue in the field, in addition to fully market-oriented retail channels, there are the so-called” system subscription “through the Xinhua uniform distribution to the school bookstore. And this basic opaque procurement process, to the bookstore and school secret operations, abuse of power of the huge space. In 2006 the exposure of corruption in Shanxi Changzhi material is a typical case. According to media reports, since 2000, in Changzhi City Xinhua Bookstore to pay the city 80 secondary schools that charge back textbooks for up to 240 million.
In teaching assistant, except total issued field retail market, but also the so-called “system”, that is through the xinhua bookstore subscribe to school uniform distribution. And the procurement process basic opaque, give a bookstore and school rigged , the vast space of abusing power for personal gain. 2006 years of teaching material of shanxi changzhi exposure is a typical corruption. According to media reports, since 2000, xinhua bookstore for the 80 changzhi city high school textbooks us34.15 assistant of the pay is as high as 240 yuan.
who declined to be named chairman of private supplementary said, “I do not deny that some private companies to take money to clear the way, to engage in bribery of marketing, but that is individual, and local The publishing group is the exercise of local protectionism, do everything possible to sell their supplementary educational publishing group, which mainly take the system subscription. “
The anonymous private tutors company President said,” I don deny that some private companies take money to get a bribe marketing, saying, but that a other, and the publishing group practiced all over local protectionism, leave no stone unturned to sell his group published, they is mainly go reference system. “subscribe.
Yan Jun said : “supplementary issue of confusion on confusion in the system subscription and we continue to research in the time and found that some schools set up an exercise book but the teacher students do not have to, because it is assessed above, have set the students but also their In addition to re-buy a good supplementary use. “
YanJun said:” teaching assistant issue is in chaos system to subscribe to the chaos. Our company in the research of the down, found that some schools booked a workbook but teacher student no, because this is above the apportionment, had to order, students also take their own another and buy a good reference to use this. “
how to solve the various supplementary field anomaly, there are diametrically opposed the two views. One is that, should the publication and distribution of textbooks and supplementary right to nationalize, prepared entirely by the national statistical system development, free to students; One is that, should the procurement of textbooks and supplementary services to the market completely, to purchase rights to the students, through the market to solve the survival of the fittest.
How to solve the teaching assistant field a variety of unreasonable phenomenon, has tit-for-tat two perspectives. A kind of think, should the release of the teaching material and reference published under state control, completely by the national unified hair, free to give advocated students use; A kind of think, should the purchase of the teaching material and reference to the market, the business thoroughly deeded to students, through the market generally to solve.
a way before the introduction of , it means the disappearance of supplementary market and the state the burden of hundreds of billions each year. At present, this basic idea was rejected.
Before aa way, means that teaching assistants market disappear and country billions every year the burden. At present, this kind of thought was denied. Basic
but the latter approach can solve the problem? Who declined to name the industry, “said full market competition will bring about the rational allocation of resources and efficiency, benefit the public interest.” Zhang Quan said, “the issue of supplementary benefits can not be official and the will to replace the student interests and will, therefore we call on the procurement process open and transparent. “
But after a kind of method can solve the problem? That does not wish to disclose the name of the industry,” said full market competition will bring the rational allocation of resources and efficiency, be beneficial to the public interest. “ZhangQuan said.” the issue of the teaching assistant can use the official will and interests instead of students will and interests, so we called for procurement process of open, transparent. “
industry experts suggest that publishing textbooks for department manage the quality, strict qualification and quality control; education authorities should manage the use of school aids, take the responsibility to supervise effectively.
Industry experts suggest, publishing department of the quality of the teaching materials, teaching assistants manage strict quality supervision; the qualification examination and Education departments shall manage the school teaching assistants to use, and take the charge of the supervision.
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