As the new school semester begins, students and their parents aren't the only ones confused amid the vast sea of reference books.

Many authors are also bewildered as they find their work published without permission or even their prior knowledge.

A recent survey by the China Written Works Copyright Society - the only collective copyright management organization for written works in the nation - found that few publishers in the multibillion-dollar reference book market get authorization from authors or pay the required royalties.

The collective is now preparing a lawsuit against People's Education Press, China's largest and most influential textbook and reference book publisher, for "illegally using works of its member writers".

Experts note that one textbook often has at least four corresponding reference books, fueling a market that is actually larger than for textbooks. And the high prices they fetch have attracted keen interest in every part of the distribution chain.

According to the copyright society's survey, People's Education Press used more than 1,000 articles in 200 of its reference books without the names of the authors or translators.

"By not letting the authors know, the publishers made a lot of money that should have been paid to authors," said Zhang Hongbo, director-general of the society. "On the other hand, many writers do not have the time and energy to check if their works are collected in reference books."

The publishing company responded that it did not contact copyright owners, sign authorization contracts or provide payment because it "has not yet established a direct communication channel with them".

Head of the People's Education Press copyright office Zhang Xiaoxia said that the company will give a further explanation and an open statement later.

But the chief of the copyright society said the publication house was "avoiding the essence of the problem" and insisted the company should make a public apology and pay compensation to the writers.

Si Weijiang, an intellectual property lawyer and partner of Shanghai-based DeBund Law Offices, said the issue is not complex.

"If you use other people's written works without their authorization, that is infringement - that is a simple and clear fact," said Si.

"People's Education Press must take legal responsibility for its infringement - that is also simple and clear."

He also suggested that authors defend their rights "with a tough stance".

Copyright society chief Zhang said the collective was "forced to resort to a legal approach" after it tried to negotiate with the publishing company for three years without result.

But even when the legal process starts, "the door of negotiation will be left open", he said. "Editors and publishers of reference books should be aware of their legal responsibilities and know that it is respect, not money, that all writers want most."

The copyright society's survey also has found that many publishers "purposely confused reference books with textbooks" because the Copyright Law allows textbooks to use articles, pictures and music without prior authorization of authors.

But even then the law requires payment and the author's name. For reference books, it mandates authorization before publication.

Tang Zhaozhi, an official at the National Copyright Administration, said the payment system for textbooks and reference books is "complicated" because they are "special publications".

He added that the administration will get involved in the case "at the right time".

zhangzhao@chinadaily.com.cn

(China Daily 02/27/2013 page17)