New capital signs up for dispatch (reporter of learn on job collect ) last night, photograph of on human history first pieces of black hole in the whole world 6 ground are released at the same time, this is the black hole that human first time sees to in an attempt to resembles means appearing. Now (on April 11) have netizen discovery, visual China website released photograph of on human history first pieces of black hole, write in picture service instruction: "This picture is editor picture, if be used at commercial use, be called please or seek advice from client delegate. " all rights reserved one column, those who write is visual China. This matter immediately causes tremendous controversy. That day afternoon, visual China service instruction instead " must not use at commercial use " , and all rights reserved instead " European southern observatory " .
Visual China is original the service instruction about black hole photograph.
Visual China changes service instruction of black hole photograph by doubt
To visual China's first picture service instruction, many hostage doubt say, visual China this one statement is equal the copyright that at thinking oneself have black hole picture, need use person, want to pay corresponding fee to visual China, be found out the likelihood by visual China otherwise tort liability.
Public data shows, origin of photograph of on human history first pieces of black hole from Event Horizon Telescope (EHT) the astronomer group of the project films. Introduce according to EHT official net, this is a scientist composition that comes from global each district by many 200, of black hole photograph take the support that cannot leave much home orgnaization. Accordingly, basis " creation is common accredit clause " , should tag picture origin only " EHT Collaboration " , anybody can use black hole picture freely, have nothing to do with commerce or blame business use.
Face doubt, visual China now (on April 11) 16 when release statement to say: "Black hole " the photograph belongs to EHT, visual China is obtained through the partner edit kind of use accredit. This picture accredit is not exclusive, other media and picture orgnaization also obtained authorization. But this picture can be used at news to edit transmission to use only according to copyright person requirement, without the license, cannot serve as commerce kind use. Commerce is used include the use setting such as advertisement, sales promotion commonly, visual China did not acquire the right of use of this picture business. Be like without copyright person accredit, use at commercial use, reserve the possibility in the risk. Reserve the possibility in the risk..
In addition, instead is repaired to the specification of black hole photograph on visual China website " this picture is to edit kind of picture, must not use at commercial use " , all rights reserved correct for " European southern observatory " . This observatory is one of organizations that participate in EHT project.
The copyright that black hole photograph causes discusses, transfer pair of vision China very quickly " expeditionary " over. The dispatch of company government small gain such as net of Baidu, phoenix says, his brand is collected by visual China and hit watermark. For this, in the center of the Youth League small gain also dispatch says, the picture of ensign, national emblem also is on visual China website sale. Now 18 when 26 minutes, visual China releases apologetic statement to say, picture of sale ensign, national emblem is offer draft person to offer about by the autograph, visual China is had investigate lax duty, this kind of picture has gotten offline.
Lawyer argument: Visual China cannot counterpoise with respect to dimension of black hole photograph
Letter of Beijing grand day and Li Zhengning of partner of attorney office lawyer tell new capital newspaper reporter, black hole photograph attributes the picture that is not human generation, the intellective positive result that whether it attributes the mankind is worth to discuss, accordingly, no matter visual China won picture writer have only or exclusive use license, do not suffer of course " copyright law " protection.
Although black hole photograph is belonged to,suffer " copyright law " protective work, its obligee also can have the right of this kind of picture widely accredit. For instance, european southern observatory is in statement, accredit everybody with any purposes, undertake in any time, place, the in any way uses black hole picture, this is meant won't put in proprietary license.
If visual China knows perfectly well his right not complete, or know perfectly well oneself do not have this right and baleful to lodge a complaint, be asked to assume legal responsibility instead likely.
To visual China on April 11 16 when issuance statement, li Zhengning thinks, visual China meaning in clew everybody notices to obtain an author (namely EHT) license, be not claim oneself are the author that can allow another person. EHT had given the masses the permission as obligee, because this everybody can be used.
In addition, visual China itself also mastered many other picture, because this asks a few companies that often use the work inside its graph library make baling paying expend and baling obtain a license, from trade give no cause for more criticism, also be familiar commercial pattern.
Collect edits reporter of learn on job of new capital newspaper Bai Kui proofreads Li Shihui
