" people's name " borrowed? Senior correspondent claim for compensation 18 million! The court is sentenced so...
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 24 days afternoon.
Senior correspondent tells top class author " borrowed "
" people's name " it is the anti-corruption teleplay that heat sowed 2017, the author is Mei Sen of well-known writer week.
" camera bellows " not be best seller, author Liu Santian, the Mo austral pseudonym, ever held the position of a CCTV " spatio-temporal even the line " , " Oriental child " wait for news to comment on kind of program plan, chinese news agency " viewpoint " the magazine carries out chief editor. CCTV leaves after, writing of with great concentration. " camera bellows " it is the novel that she published 2011.
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.
Reporter of money river evening paper is in Shanghai Pudong court spot
Zhou Mei dark once other case is sued nolle prosequi again
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.
(Graph: Spot of careful of first instance front courtyard. Spot of careful of first instance front courtyard..
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 " .
Graph: The two books clue that accuser just shows on front courtyard compares pair of figures.
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 " .
Sun Yi is the assistant on creation of Zhou Mei dark. She says, zhou Mei dark is composed " people's name " bottom gas is " the close attention that will 30 years be reformed to the state-owend enterprise " , in inventing a process, they go to a jail interviewing a corrupt official, master first-hand data. " people's name " in " Cai Chenggong " the hair that prototype is week of Mei Sen is small, and the personal experience that the worker's equity is gone out by impawn is week of Mei Senfu Fu.
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.
The judgment came
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.
Accuser Liu Santian thinks, when the person that achieve formerly manages distinctive construction the court considers as a thought expression, the thought does not get protection. And when accuser just puts forward similar circumstances to contrast, the court considers as abstraction again, abstraction also does not get protection. Liu Santian says intentional to two kinds of results of the court decision manage prepares, but this adjudicative argue part lets her cannot be agreed with. So, "Certain appeal " .
