" people's name " borrowed? Senior correspondent claim for compensation 18 million! Court so sent

The Mei Sen of well-known writer week of widely known writes have an insatiable desire for corrupt to blow hard instead " people's name " copy after all? Court of people of Shanghai Pudong new developed area makes first instance adjudicate this afternoon.

Meet anti-corruption subject matter is encountered when cold, " camera bellows " do not have too big echo.

In October 2017, liu Santian mentions of tort appeal to, sue teleplay " people's name " the 8 the accused such as Mei Sen of week of playwrite, well-known writer and production unit violate its copyright, requirement novel " people's name " issue 18 million yuan to wear and recoup its pecuniary loss in the round.

On November 1, 2017, court of people of Shanghai Pudong new developed area is formal put on record.

Regard tort of a copyright as lawsuit, " camera bellows " appeal to " people's name " last a period of time a year half, cognizance process is a bit long, also it serves to show is discreet.

Be aimed at this case, the collegiate bench that Pudong court comprises is very powerful, among them the assistant dean that the presiding judge is Pudong court, advocate the deputy presiding judge that careful judge and judge are intellectual property front courtyard respectively and presiding judge.

Legal group public figure says, this collegiate bench, it is the top matchs.

Pudong court is in 2018 mixed in March the conference before will convening law court twice in June, both sides exchanged evidence.

It is besides the court, what respect of Zhou Mei dark also urged the plot of a play is ceaseless invert. In January 2018, respect of Zhou Mei dark is sued to court of Beijing Haidian district, point to " camera bellows " borroweded two work before its " China is made " and " absolute power " , claim for compensation 1 yuan. Held media to answer in Beijing doubt is met.

Nevertheless, on May 3, 2018, plan the meeting before front courtyard formerly, because respect of Zhou Mei dark applies for,adjourn and cancel.

On July 16, 2018, zhou Mei dark nolles prosequi.

Front courtyard careful from sought a layout to be done to clue detail compare one by one right

Last year on December 7, pudong court undertook sessional cognizance to this case.

In front courtyard careful of 4 hours, both sides is complete of the book sought each respect such as detail of setting of a layout, character, clue to do than be opposite.

" camera bellows " piece it is old state-owend enterprise " one stone factory " should change made, old worker protects a factory to be like a life, capital is bought just call up forced releasing the team, chlorine canister leak causes explosion after, 13 employee because this get killed. Open a state-owend enterprise from this and buy the layer upon layer inside that camera bellows of collusion of businessman of the official in reaching a city to develop a process operates, corruption arrives directly at mayor, governor, the old senior officer of deputy state level that still has mystery.

" people's name " story clue believes everybody is very familiar. Accordingly, the accused just says, our masterstroke is inquisitor handles a case give priority to a line, "Completely different " .

In front courtyard careful, be opposite about detail comparing, plaintiff square attorney even respecting, " camera bellows " in one stone factory is war industry factory, having chlorine pot is to be used at the coating on war industry product. And " people's name " those who write is factory of a clothing, why does clothing factory want library of benzine of provide for oneself, disagreement often manages. Reporter of money river evening paper dogs in the whole journey in this year of time of half this case.

Madam of Zhou Mei dark Sun Xin high mountain says with the reporter, "This thing (be pointed to to borrowed) too absurd too angry person " .

And Liu Santian says with the reporter, some saves north of one's early years factory of a state-operated produces forced releasing, the worker just is represented at that time and delegate of those representing capital all contacts the Liu Santian that serves as a reporter. She is investigated deep, because a variety of reasons did not broadcast,report, but sparked from this the creation passion of Liu, all sorts of material that she combines to do a reporter for a long time to accumulate are created " camera bellows " .

3 cropland of accuser Liu and procuratorial Zhejiang Beijing judge lawyer of star of attorney office Wang Hui reachs Pudong court.

Reporter of money river evening paper learns from the spot, the court has rejected accuser lawsuit to request.

The court clarifies, the expression of the work that copyright law protects, is not thought itself. Work of tort be accusinged is in only contact and the case with identical or similar materiality is formed to fall on expression with the work of obligee, just form tort.

And the controversy focus of this case depends on, novel " camera bellows " with the novel " people's name " and whether does teleplay make materiality likeness.

The court concerns from setting of the integral structure of two work, clue, character and specific dark buckle etc undertake analyse and be comparinged is opposite, think " camera bellows " with the novel " people's name " and the literal on expression of character of existence of teleplay both neither is similar, structure of whole of nonexistent also work, specific clue, the blame literal on the embody such as figure relationship is similar.

Accordingly, accuser advocates each the accused encroachs his to reorganize advantageous position, sign authority, setting authority, obtain pay authority to do not have fact and legal basis, the court does not grant to support. Reject Liu Santian lawsuit to request.

" people's name " the novel that fastens week of Mei Sen to create, by October of Beijing of Beijing publication group literary press is published.

To ever with " terrestrial correct path " " absolute power " " national public prosecution " wait for the week with political famous novel Mei Sen, " people's name " it is very important that the position in work list is created in its. The novel is homonymic after adapting teleplay heat to sow, in home results closes high inspect while, many countries and area also caused overseas intense echo.

In this case, li Xia calls a Zhou Mei dark creation " people's name " borrowed oneself novel " defend of life and death " , and to week Mei Sen claim for compensation 800 thousand yuan, to press claim for compensation 200 thousand yuan. Final forensic report shows, two novels do not form materiality on expression identical or similar, " people's name " do not form right " defend of life and death " borrowed, li Xia publishs a group to encroach the view of its copyright to cannot hold water about week Mei Sen, Beijing.

On December 12, "Zhou Mei dark " people's name " copyright issue desk aerates meeting " in Beijing Kyoto attorney office is held. Zhou Mei dark entrusts litigant agent, Beijing to the capital of a country attorney office Jin Jie's lawyer reviewed the process that should appeal to, undertook an analysis with respect to the case.

Jin Jie's lawyer points out, compare notes through 4 in spot of front courtyard careful, compare pair of novels, all content that just advocate tort with respect to accuser undertake contrast one by one, maintain " defend of life and death " with " people's name " the respect waits in clue of relationship of character setting, figure, story, complete not similar, can not compare a gender. Accordingly " people's name " do not form right " defend of life and death " borrowed, li Xia publishs a group to encroach the view of its copyright to cannot hold water about Beijing of week Mei Sen.

In fact, li Xia case is not first time of Zhou Mei dark tort be appealinged to.

When Zhou Mei dark was accepting this network reporter phone to interview last year, ever expressed, "My lawyer checks what what say to her " camera bellows " was January 2011 publish by Yunnan people press, head imprint have 1000 only, I never had seen this work. I never had seen this work..

After this matter happening, zhou Mei dark issues solemn statement, say: "Here my solemn statement, greeting whole nation and reader of world each district examine my novel and work of movie and TV together, of an any work that inform against me to seat court ' borrowed ' problem, courtyards of any one domestic discipline exercised by the head of a feudal household that want state of any of Chinese churchyard, world only make ' borrowed ' adjudication, oneself are divided accept law besides punishment, RMB of the person that additional heavy award is informed against 100 thousand yuan. RMB of the person that additional heavy award is informed against 100 thousand yuan..

In January 2018, zhou Mei dark with " camera bellows " borrowed its work " China is made " and " absolute power " for, appeal to Liu Santian to court of people of Beijing Haidian division, request court sentences 3 cropland of your Liu to stop to publish instantly, publish a novel " camera bellows " , make an apology, compensate for spirit to damage solatium 1 yuan reachs the cost that buy a book and notarization to expend more than yuan 2500. Haidian court has accepted this proposal. As we have learned, this case is in recently also be about to sessional.