Copyright Risk Analysis and Prevention for Scientific Journals in the Digital Publishing Era

Ma Mengyao, Wan Changqing
Journal Office of Southwest Technology and Engineering Research Institute, Chongqing 400039

Abstract

[Objective] This study analyzes and investigates copyright risks and preventive measures for scientific journals within the context of digital publishing. [Methods] Through an examination of copyright principles, we clarify the establishment of information network transmission rights for scientific journals and the circumstances constituting fair use. We identify common digital new media platforms for scientific journals, the main types of works protected under copyright law, and typical copyright infringement acts on these platforms. Using case analysis methodology, we conduct cluster analysis of representative legal infringement cases involving scientific journal copyrights and categorize the primary infringement types found in databases. [Results] We propose methods for determining infringement of reproduction rights and information network transmission rights for scientific journals, along with procedures for handling copyright infringement on digital new media platforms. We summarize comprehensive preventive measures for copyright risks on digital new media platforms and in databases. [Conclusion] This paper provides insights and references for addressing intellectual property risks in digital scientific journals, helping to avoid disputes and conflicts arising from copyright issues and ensuring the healthy development of scientific journals in the digital publishing environment.

Keywords: digital publishing; scientific journals; copyright risk; new media platforms; information network transmission right
CLC Number: G232
Document Code: A
Article ID: 1671-0134(2025)02-119-05
DOI: 10.19483/j.cnki.11-4653/n.2025.02.023
Citation Format: Ma Mengyao, Wan Changqing. Copyright Risk Analysis and Prevention for Scientific Journals in the Digital Publishing Era [J]. China Media Technology, 2025, 32(2): 119-123.

1. Copyright of Scientific Journals

Scientific journals serve as cultural media for publishing, exchanging, and disseminating creative scientific and technological achievements, constituting scientific and technological works whose associated rights form part of intellectual property. Copyright represents the most relevant intellectual property right in scientific journal publishing [3], comprising two main categories: (1) Moral rights (right of publication, attribution, modification, and integrity), which refer to various personal rights connected to or inseparable from the work without direct property content; and (2) Economic rights (information network transmission right, reproduction right, distribution right, adaptation right, compilation right, etc.), which provide economic returns and creative protection for copyright holders.

With the rapid development of computer technology, network technology, and digital mobile terminals, journals have gradually transitioned from traditional to digital publishing. Digital scientific journals offer numerous advantages, including large information capacity, extensive coverage, fast dissemination speed, and full resource sharing, making them better adapted to information dissemination characteristics and earning broad recognition from readers [1]. The rapid expansion of the internet and the popularization of digital media have fundamentally transformed how people create, transmit, and use works online. In response, copyright law has undergone corresponding adjustments. The revised Copyright Law extends protection to online works, defining the information network transmission right as the exclusive right to "provide works to the public through the internet or other wired or wireless information networks, enabling the public to access such works at individually selected times and places" [4-5]. This legislation explicitly establishes the information network transmission right as one of the exclusive rights enjoyed by copyright holders, meaning that articles, images, audio, and video on webpages, blogs, and social media platforms all receive copyright protection. Additionally, the revised law stipulates the rights, obligations, penalties, and compensation methods for network service providers and users in the online environment [6].

However, in the practice of digital scientific journal dissemination, numerous new media platforms indiscriminately republish articles without "fair use," infringing upon the legitimate copyright of rights holders, most commonly involving the reproduction right and information network transmission right among economic rights [7].

2. Infringement Determination of Reproduction Right and Information Network Transmission Right

The reproduction right refers to the right to produce copies of a work. Reproduction involves fixing a work on a tangible material medium through existing or future methods, enabling the work to be perceived, transmitted, or copied by others. An act constituting reproduction under copyright law must satisfy two elements: (1) the work must be reproduced on a tangible material carrier, as only through a material form can the work be fixed and a clear comparative relationship established between the original and the copy; and (2) the work must be fixed relatively stably and permanently on the tangible material carrier, creating one or more tangible copies.

The information network transmission right refers to the right to provide works to the public through wired or wireless means, enabling the public to access such works at individually selected times and places. The standard for determining infringement of the information network transmission right involves either implementing acts that exercise another's information network transmission right without permission, or directly undermining the rights holder's control over their work's transmission through information networks. Those who infringe upon network transmission rights without constituting a crime should bear tort liability.

Determining whether infringement of reproduction right and information network transmission right has occurred forms the foundation for identifying copyright risks in digital publishing. Several key aspects should be considered: (1) Copyright registration and evidence: If the original author has registered copyright for the scientific journal, relevant evidence can strengthen infringement determination; (2) Substantial similarity: Determination requires comparing the substantial similarity between the original and allegedly infringing works, including content, structure, and expression, to identify obvious plagiarism; (3) Chronological order: Comparing the publication timeline represents an important consideration—if the allegedly infringing work existed before the original's publication, further investigation of its source is necessary; (4) Network dissemination: Infringement determination must prove that the infringed work was transmitted on information networks, whether through uploading, downloading, linking, reposting, or similar methods for either print or electronic journals; (5) Unauthorized use: The critical factor is proving the existence of unauthorized transmission—reposting or forwarding without the copyright holder's permission constitutes infringement; and (6) Economic loss: Infringement determination must also consider whether the unauthorized transmission caused economic loss to the original copyright holder, whether through lost profits or unjust enrichment by others.

3. Copyright Risks on Digital New Media Platforms

3.1 Common Digital New Media Platforms for Scientific Journals

Current digital publishing development has shifted from simple work digitization to digital composite publishing, with new media representation becoming the development trend. New media refers to communication forms that utilize digital and network technologies to deliver information and entertainment services through channels such as the internet, broadband local area networks, wireless communication networks, and satellites, using terminals including computers, mobile phones, and digital televisions. Strictly speaking, new media should be called digital new media [8-9]. Common digital new media platforms for scientific journals include: (1) Online journal platforms, where many scientific journals establish official websites or online platforms offering full-text downloads, submission systems, and academic resources, facilitating reader access to the latest research and providing authors with submission and communication channels; (2) Social media accounts, where journals establish official accounts on platforms like Weibo and WeChat to publish research findings, academic news, and editorial perspectives, enabling readers to obtain information and interact with editors and peers; (3) Open access platforms that provide free access to academic papers, which journals often use to increase paper visibility and impact; (4) Video platforms such as Bilibili and YouTube, where journals publish science popularization videos, academic lectures, and experimental demonstrations to help readers understand research more intuitively; and (5) Technology summits and forums, where journals organize or participate in events with online live streaming or video playback, providing platforms for academic exchange while increasing journal exposure and influence.

3.2 Types of Works on Digital New Media Platforms

New media features multi-element integration, information technology assistance, and interactive usage. According to copyright law, textual works, pictorial works, and video works in digital scientific journals on new media platforms can all receive protection, provided they meet copyright requirements such as originality and creativity [10]. The main types of works protected by copyright law on digital new media platforms are shown in Table 1 [TABLE:1].

3.3 Copyright Infringement Acts on Digital New Media Platforms

The continuous development of digital technology provides excellent opportunities for new media works but also facilitates more convenient channels for illegal reproduction and distribution, making copyright infringement increasingly low-cost and raising various new media copyright protection issues. The new media environment enables works to have broader dissemination scope, faster transmission speed, more difficult rights confirmation and protection, and globalized characteristics that transcend geographical boundaries, revolutionizing traditional copyright protection systems [11]. New media copyright infringement presents fundamentally different characteristics from traditional infringement. In conventional print journal publishing, authors typically maintain complete control over their works. However, on digital platforms, works can be easily copied and disseminated without authorization, infringing upon authors' copyrights. Additionally, digital works are vulnerable to alteration, damaging originality and authors' reputations. Copyright subjects in new media development have become increasingly diverse, with both inherent and platform-specific characteristics. In the new media environment, rights holders can exercise their moral rights and related economic rights—for instance, the right of publication allows copyright holders to freely decide whether to publicly release their original content, with successful publication via the "send" button on mobile new media constituting exercise of this right. Currently, most mobile new media in China allow content push settings with selective visibility, enabling rights holders to exercise their publication rights. The attribution right ensures the rights holder's name appears in the work or during content forwarding, protecting legitimate rights and interests.

The main types of copyright infringement acts on digital new media platforms include [12]: (1) Republishing scientific journal articles without indicating the author or source, violating the attribution right protected under Article 10(2) of the Copyright Law, which establishes that authors have the right to claim authorship and may choose to remain anonymous; (2) Republishing articles with author attribution but without explicit authorization, violating Article 2 of China's Regulations on the Protection of Information Network Transmission Rights, which requires permission from rights holders for providing works through information networks to the public, meaning new media platforms cannot be exempted from liability even when source attribution is provided; (3) Excerpting and integrating content from other articles without permission—Article 5 of the Regulations on the Protection of Information Network Transmission Rights explicitly prohibits providing works through information networks when rights management information has been removed or altered without authorization, and "works" created by excerpting and integrating multiple articles do not constitute compilation works under copyright law nor fall within fair use, thus harming rights holders' interests; and (4) Exceeding authorized scope through third-party sublicensing—although authorization may be obtained for single-platform use, the authorized party may not sublicense, and any sublicensing beyond the authorized scope is invalid, with third-party republication still infringing the original author's copyright. For example, if a copyright holder authorizes a new media platform to republish a work on a specific network service platform, that platform may not publish the work on other platforms beyond the authorized scope nor transfer the republication right to any third party, otherwise infringement occurs.

3.4 Handling Copyright Infringement on Digital New Media Platforms

When infringement occurs, several handling methods are available: (1) Sending infringement notices—copyright holders or their legal representatives can send notices demanding cessation of infringement and removal of infringing content, including specific infringement facts, work titles and links, copyright ownership proof, and demands for removal; (2) Contacting internet service providers—if the infringer is an internet service provider (such as a portal website or official account), copyright holders can request necessary measures including blocking, deleting relevant links and content, or suspending the infringer's account; and (3) Filing legal action—if the infringer fails to cooperate or the situation is serious, copyright holders may pursue litigation to protect their legitimate rights, providing sufficient evidence of infringement and requesting appropriate judgments such as cessation of infringement, content removal, and compensation for economic losses.

4. Legal Case Analysis of Scientific Journal Copyright Infringement

4.1 Analysis of Legal Infringement Cases

Analyzing legal infringement cases helps understand infringement types, severity, and impact, facilitating timely legal measures to protect rights holders' legitimate interests. Such analysis can summarize specific cases and practical experience to provide references for similar cases, enabling rights holders and law enforcement agencies to draw on existing precedents and legal rules to better address analogous infringement acts. The number of copyright infringement cases in digital publishing continues to rise, with increasingly diverse specific infringement acts. China has successively issued a series of laws, regulations, and policy documents to strengthen intellectual property protection, providing enhanced legal support for rights holders. In legal infringement cases involving journal copyrights, databases represent one of the most common platforms, typically involving substantial amounts. Database platforms usually contain numerous journal articles from different journals or authors, and when these works are used, copied, or transmitted without authorization, the infringement acts are often extensive. Academic database platforms generally provide intellectual property authorization services and generate commercial profits, making copyright infringement on these platforms potentially directly impact their business models and profitability.

The typical infringement acts in digital publishing copyright cases are shown in Table 2 [TABLE:2]. Analysis reveals that most cases involve infringement of reproduction rights, information network transmission rights, and publication rights, with complex infringement subjects including journal publishers, article authors, agencies, and information service institutions. Infringers typically bear civil liabilities including cessation of infringement, elimination of impact, apology, and compensation for losses.

4.2 Types of Copyright Infringement in Databases

In databases, journal copyright infringement mainly includes: (1) Piracy and unauthorized reproduction—reproducing and disseminating journal articles in pirated form without copyright holder authorization, a particularly prominent infringement type in the digital environment due to convenient dissemination and reproduction methods that make piracy increasingly difficult to prevent; (2) Unauthorized republication and resale—reproducing and reselling others' articles without permission, a common practice in databases that may involve improper citation or altered citation methods; (3) Unauthorized modification and adaptation—modifying and adapting journal articles without copyright holder permission and without substantial transformation, infringing the original author's adaptation right and potentially causing distortion and misunderstanding of the original work; and (4) Data abuse and illegal acquisition—journal articles in databases may contain substantial valuable data, and unauthorized abuse or illegal acquisition of such data infringes original authors' copyrights, necessitating enhanced security measures for data sharing and management to prevent intellectual property violations.

5. Copyright Risk Prevention for Scientific Journals in Digital Publishing

5.1 Prevention Methods on Digital New Media Platforms

To mitigate copyright risks on digital new media platforms, several preventive measures should be implemented: (1) Emphasize copyright protection—authors and relevant personnel should strengthen copyright protection awareness for their works and consider applying for copyright or other intellectual property protection for critical content; (2) Select reputable platforms—when choosing digital new media platforms, prioritize well-known platforms with good reputations and robust copyright protection mechanisms, carefully reviewing user agreements and copyright policies to ensure adequate work protection; (3) Register copyright—for important scientific journal works, copyright registration is recommended to provide stronger legal protection and evidence for rights holders in infringement disputes; (4) Review user agreements and copyright policies—when using new media platforms, carefully read user agreements and copyright policies to ensure one's copyright is not infringed and understand the platform's infringement handling mechanisms and complaint procedures; (5) Control publication permissions—when publishing on new media platforms, reasonably utilize platform permission control functions to manage and protect scientific journal content by restricting access to ensure only authorized personnel can view and use the material; and (6) Apply watermarks and copyright notices—adding watermarks or copyright notices to scientific journal works can effectively reduce misappropriation and infringement by clearly displaying author information and warning potential infringers.

5.2 Prevention Methods in Databases

For database environments, the following preventive measures are recommended: (1) Technical protection measures—employ Digital Rights Management (DRM) technology to encrypt and control access to journal works in databases, preventing unauthorized copying and dissemination; (2) User authorization management—establish reasonable user authorization mechanisms to restrict usage permissions and scope, ensuring only authorized users can access relevant content; and (3) Contractual constraints—execute clear contractual terms with database users, suppliers, or partners to define rights and obligations among all parties and strengthen prevention and accountability for infringement acts.

Conclusion

This paper systematically examines copyright issues for scientific journals in the digital publishing context, clarifying concepts related to copyright, infringement determination of reproduction rights and information network transmission rights, and fair use scenarios. It analyzes common digital new media platforms, work types, and infringement handling methods for scientific journals. Through legal case analysis, it comprehensively explores risks in databases and proposes corresponding preventive measures. Future research will further improve the theoretical framework, expand the scope of investigation, and deeply explore copyright issues for scientific journals in digital publishing. We hope this study provides valuable references for research in this field and promotes the high-quality sustainable development of scientific journals in the digital publishing era.

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Author Information:
Ma Mengyao (1990—), female, from Taiyuan, Shanxi, Responsible Editor, research direction: scientific publishing and management; Wan Changqing (1986—), male, from Nanchang, Jiangxi, Responsible Editor, research direction: academic publishing and management, copyright protection and risk prevention.

(Corresponding Editor: Chen Xuguan)