The appraisal center believes that although there are differences in the painting techniques and some details, the difference does not constitute the original expression of the commemorative coin Lu Zhishen. Therefore, the two works express similarity
The newsletter (Reporter Sun Luonan) lasted more than two years, three trials, known as the "first case of silver coin infringement" Shandong University professor Zhou Feng v. China Gold Coin Corporation and other copyright infringement cases were pronounced before the first trial. (This newspaper reported on the case of the A1 version on November 22, 2010, A4 version on December 3, 2010, and B2 version on October 24, 2012).
On the 18th, Zhou Feng’s agent, Wen Jianghong, a lawyer of Shandong Wenyu Law Firm, told the Economic Reporter that she had received the court’s verdict.
In 2009 and 2010, China Gold Coin Corporation (hereinafter referred to as “Golden Coin Companyâ€) entrusted Shenzhen Guobao Mint Co., Ltd. (hereinafter referred to as “National Treasure Companyâ€) to produce and distribute the classic Chinese classical literary classic “Water Margin†color gold and silver commemorative coins.
On August 27, 2010, Zhou Feng purchased the above commemorative coins in Shandong Qiquan Commemorative Coin Co., Ltd. (hereinafter referred to as “Qiquan Companyâ€), and believed that the patterns of “Wu Songsong†and “Flower Monk Lu Zhishen†in the commemorative coins violated its The copyrights of the two works of "Wu Song Tiger" and "Lu Zhi Shen Pang Yang Liu", and the China Gold Coin Corporation and other lawsuits to the court.
Due to the comparison of art works and professionalism, the court entrusted the Shanghai Intellectual Property Judicial Appraisal Center (hereinafter referred to as “the appraisal centerâ€) to identify whether the works in question and whether the works in question were identical or substantially similar.
On October 31, 2011, the appraisal center issued a judicial appraisal opinion. The court held its third hearing on November 15, 2012. However, the third person in the case, Cai Shi Tai Fang (Beijing) Art Design Co., Ltd., was legally summoned by the court to refuse the court without justified reasons. In the previous trial, he said that the painting of "Flower Monk Lu Zhishen" was a designer of Cai Shi Dafang Company. creation.
The appraisal center believes that the overall expression of the "Flower Monk Lu Zhishen" commemorative coin and the "Lu Zhi Shen Podang Yangliu" stamp works are not the same, nor are they substantially similar, but the works of the main creative parts express similarly, and from the painting techniques, composition, details 3 The parts were compared. "Although the two differ in their painting techniques and some details, this difference does not constitute the original expression of the commemorative coin Lu Zhishen. Therefore, the commemorative coin Lu Zhishen and the stamp Lu Zhishen's works are similar in substance."
The court held that the alleged work "Flower Monk Lu Zhishen" copied the main creative part of Lu Zhishen's main willing part of Lu Zhishen's main work, and infringed Zhou Feng's right to modify his works. And protect the integrity of the work. The carrier of "Flower Monk Lu Zhishen" is a commemorative silver coin. The silver coin is commissioned by the National Co., Ltd., which is the co-producer of the silver coin. It is also a co-producer of the copyrighted work "Flower Monk Lu Zhishen" in the sense of copyright law. The issuance of the gold coin company and the retail commemorative silver coin of Qiquan Company belong to the release of the alleged work "Flower Monk Lu Zhishen" in the sense of copyright law.
Therefore, the court ruled that Gold Coin Company, Guobao Company and Qiquan Company immediately stopped infringing the copyright of Zhou Feng’s art work “Lu Zhishen’s fall and fallâ€. Gold Coin Company and Guobao Company compensated Zhou Feng for an economic loss of 500,000 yuan and apologized to Zhou Feng for his infringement.
According to the reporter, Zhou Feng sued the “Music Wusong†commemorative coin issued by the Gold Coin Company and other infringements of the copyright of his “Wusong Tiger†work. Zhou Feng has withdrawn the lawsuit and will suspend further investigation after collecting evidence.
Copyright protection laws have been in an unsound period in China. Their hard work is often copied and copied, and they can't get their own hard money. I hope China will give more protection on copyright issues.
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