Jin Yong, a well -known martial arts novel writer in Hong Kong, sued Mainland Chinese writer Jiang Nan to plagiarize in the "Tournament Case" of his novel characters, and finally ushered in a final judgment.The Guangzhou Intellectual Property Court recently ruled that it constituted copyright infringement and unfair competition, and sentenced Jiangnan to compensation 1.88 million yuan (RMB, the same below, about 360,000 yuan).
Comprehensive reports of the Daily Economic News and Dagong reported that Jin Yong found in 2015 that the names of the characters described by Jiangnan in 2001 were created by the characters described by the characters here, all of which are from his heroine heroes.Chuan Tianlong's eight works, the four works of the Xiaoyou Rivers and Lakes, and the relationship between the characters, the personality characteristics of the characters, and the storyline of the story are substantially similar to their works.
Jin Yong believes that the classic characters in Jiangnan plagiarize in his works are tailor -made in different environments that are similar to their works.His right to adaptation, signature rights, and complete rights of work.At the same time, his works have a high reputation. Jiangnan's theft of the original works of the above works has made great profits, which has obstructed his use of original works and constituted improper competition.
In addition, Beijing United Publishing Corporation and Beijing Classic Bowei Company have not reviewed their duties on the infringement of the teenagers in this time. Jin Yong believes that they should bear the legal liability of compensation and stop infringement.
Jin Yong subsequently filed a lawsuit with the People's Court of Tianhe District, Guangzhou City, asking each defendant to immediately stop infringing his copyright and improper competition, destroying inventory books; public apology, eliminating the impact; Jiangnan compensated economic lossesThe reasonable expenses spent 5 million yuan and rights protection were 200,000 yuan. Beijing Joint Publishing Corporation and Beijing Classic Bowei Company issued more than 1 million yuan in economic losses caused by publishing commemorative editions.
In August 2018, the court's first instance sentenced the teenager here to constitute unfair competition. It is believed that the teenager here did not build the plot on the basis of Jin Yong's works, and did not infringe the adaptation rights and signatures enjoyed by Jin Yong.The power and protection of the work are fulfilled, but there is a competitive relationship with Jin Yong in the field of book publishing and planning and distribution, which violates China's anti -unfair competition law.Jin Yong, Jiangnan, and Beijing Classic Bowei did not accept it and appealed to the Guangzhou Intellectual Property Court.
Jin Yong died during the second instance, and his inheritance executor Lin Mouyi participated in the lawsuit as an appellant.
According to reports, the Guangzhou Intellectual Property Court recently made a final judgment on the case, determining that it constituted copyright infringement and improper competition, or ordered Jiangnan to immediately stop improper competition, and report to the statement to eliminate the impact, compensate the economy of the economyLosses of 1.68 million yuan and a reasonable expenditure for stopping infringement 200,000 yuan, Beijing Joint Publishing Company and Beijing Code Bowei Company assumed the liability for compensation for 330,000 yuan.In addition, the court also clarified that if the teenager here needs to be reprinted, it shall pay economic compensation at 30%of the diverse tax income.
The work of the same person is a secondary creative work using the original comics, animation, novels, film and television works, storylines, or background settings.Fellow works are generally based on online novels.
The outside world believes that the appearance of fan works is the manifestation of the public's active participation in cultural creation.When the public no longer simply acts as a recipient, it will use their own advantages to process information, which reflects the public's pursuit of cultural rights.And the emergence of large -scale fellow works has further promoted the sales of the original book in the market.
Some lawyers have said that if the protection of intellectual property protection and encourage innovation, the work of its own intellectual property creation in it must be better than the "Ben of the brand"."If you must learn from, quote, or pay tribute to the author, then at least obtain the author's consent."
