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Taiyuan anti-counterfeiting lawyer filed a case against counterfeiting Taiyuan software works lawyer
Anti-counterfeiting case filed, Mao Dun’s manuscript was sold for 10 million yuan, the family sued the auction house for infringement, Mao Dun’s manuscript was sold for 10 million yuan, and the family sued the auction house On the date of the infringement, Mao Dun's manuscript "Talk about Recent Short Stories" was exhibited and auctioned at the Nanjing Classic Auction Co., Ltd.'s special auction of Chinese calligraphy and painting in the autumn of this year. After a round of fierce bidding, the original manuscript was sold at a high price of 10,000 yuan, breaking the auction price record for Chinese literary manuscripts.
Because of this manuscript, Mao Dun’s family took Nanjing Classic Auction Co., Ltd. to court.
On the day of the year, the Nanjing Liuhe District People's Court held a public hearing of the first instance on the copyright ownership and infringement dispute case of Mao Dun's manuscript "Talk about Recent Short Stories". There were two main focuses in the court hearing that day. One was whether the work under investigation constituted a calligraphy work, and the other was the conflict of rights between the copyright owner and the property owner.
Mao Dun’s manuscript was auctioned for more than 12 million yuan
What kind of manuscript is this?
"On Recent Short Stories" is a manuscript of a critical article written by Mao Dun in 2000. The text has been published in the issue of "People's Literature" in 2008. Therefore, Mao Dun’s family does not sue Nanjing Classics Auction Co., Ltd. (hereinafter referred to as Nanjing Classics) for infringement of the manuscript’s right to publish written works. But they believe that this brush manuscript itself has high artistic value and is a rare calligraphy work.
Mao Dun passed away in 2017. According to the relevant provisions of my country's Copyright Law, the copyright belongs to the citizen himself. After the citizen dies, the property rights in his copyright will be transferred within the year in accordance with the provisions of the inheritance law.
Zhao Weikang, the plaintiff’s lawyer, said: The plaintiffs in this case are Mao Dun’s grandsons and granddaughters. The defendants never applied for permission from them to auction their grandfather’s works, and because of the rigorous style of manuscript management they inherited from Mao Dun, the plaintiffs I was also hurt mentally by such an auction.
Zhao Weikang said that not only the plaintiff believed that the manuscript was a calligraphy work, but also the official website of Nanjing Classics also recognized that the manuscript was a calligraphy work. For example, a report on the website titled "Mao Dun's Precious Letters Wants to Break Lu Xun's Auction Record" wrote: Mao Dun's handwriting is indeed good, and it is not an exaggeration to call him a calligrapher, although Mao Dun is not famous for his calligraphy. This manuscript allows us to once again feel the charm of his calligraphy, and allows us to see the artistic beauty of the thin golden body rq that Mao Dun is good at. q Thin Gold Body rq, or q Beauty Monument rq, Mao Dun’s calligraphy allows us to see the perfect combination of the two.
Zhang Fuyou, the defendant’s lawyer, countered that the website’s news reports could not confirm that the manuscript was a calligraphy work.
Subsequently, lawyers from both sides debated whether the manuscript was a calligraphy work in terms of the purpose of creation, creation form, beauty, word count, whether to modify it, etc. The only thing that could reach consensus was that there is currently no universal recognition standard for calligraphy works.
Zhang Fuyou emphasized that based on the legal person thinking of who makes the claim and who gets the evidence, the plaintiff should bear the burden of proving that the manuscript is a calligraphy work.
Where are the conflicts concentrated?
Zhao Weikang, the plaintiff’s lawyer, said that the defendant carried out a series of infringing acts including copying, exhibition, publishing, distribution and Internet dissemination without the plaintiff’s permission, infringing the plaintiff’s copyright, and should compensate the plaintiff for its economic losses according to law. According to Article 48 of the Copyright Law of the People's Republic of China: Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner shall be responsible for stopping the infringement, eliminating the impact, Civil liability such as apology and compensation for losses.
Zhao Weikang emphasized that the right to publish is the point with the greatest social impact in this case, and it is also the point where the plaintiff has no choice but to sue. The manuscript should have been kept in the People's Literature Magazine, but was later leaked due to some social and historical reasons. But now, Mao Dun's descendants here are silently and painstakingly collecting Mao Dun's manuscripts, and there are unscrupulous auctions at the Nanjing auction house. If the public is affected by this kind of auction, anyone who wants to make money will think of collecting manuscripts by celebrities like Mao Dun. This will be extremely detrimental to the collection, preservation, management, and utilization of Mao Dun's works.
What makes Mao Dun’s family particularly dissatisfied is that before the auction, Nanjing Classics held a preview of the manuscript at the Dingshan Garden Hotel in Nanjing. It not only displayed the original manuscript, but also provided publicity with the manuscript printed on it to the visitors. registration, and there are no restrictions on the entry and exit of visitors. Until now, the manuscript of "Talk about Recent Short Stories" is still fully included in the official website of Nanjing Classics, and all details of the manuscript are open to the public. Conflict between the copyright owner’s right of publication. Currently, the third draft of the Copyright Law is also considering this issue, but it has not yet been completed. It just depends on whose rights the law wants to protect more. Both sides have certain reasons. It depends on which side it is more reasonable to protect.
It is reported that this case has attracted considerable attention from the auction industry. The defendant's lawyer Zhang Fuyou revealed that the auction house has always done this. If not, what should I do?
But on the other side, Zhang Limin, director of Tongxiang Mao Dun Memorial Hall, told The Paper: What to do with our collections? She is worried that under the influence of the auction trend, someone will want to take back the items, and some donors have already offered to take back the collection.
This case (Mao Dun manuscript case) is indeed quite typical. Before the new copyright law is promulgated, the outcome of this case will have great demonstrative significance and have reference value for future judgments. Moreover, the trade-off between the two rights can have a significant impact on various industries. Zhao Zhanzhan said.
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