Recently, the master that people literature press and people education press add · Si Nuo with respect to heart of American reporter dust " red star is beamed China " removed issue, the focus of bilateral controversy is: People literature press is right title " red star is beamed China " enjoy copyright.
1928, american reporter Edgar Sinuo comes to China, have deep love for Chinese culture. In June 1936, si Nuo falls in Song Qingling's arrangement, visited Shan Ganning border area first, visited leader of a lot of the Communist Party of China, wrote many newsletter report, become the first west journalist that covers red area. 1937 eve of emergency of Lu channel bridge, si Nuo finished reportage " Red Star Over China " . October " Red Star Over China " publish publicly in British London, great sensation is caused in reader of progress of China and foreign countries.
Feburary 1938, " Red Star Over China " Chinese comes out in Shanghai originally. Considering the cause that in Kuomintang government regnant area issues, translated term is " westing is overflowed write down " .
December 1979, beijing is triplex the bookshop published the Chinese that translates by Dong Leshan this " westing is overflowed write down " , use a title first at the same time " original name: Red star is beamed China " .
Triplex edition
July 2016, people literature press rolls out latest edition " red star is beamed China " .
People literature edition
In June 2018, people education press also is rolled out " red star is beamed China " .
People education edition
In August 2018, literary press weighs the Yangtse River the pound is rolled out " red star is beamed China " .
The Yangtse River is literary edition
People literature, people is taught and literary press all has the Yangtse River 3 times legal authorization.
People education press was released first " about person teaching edition " red star is beamed China " publish close compasses and statement of condemnation of unfair to people literature press competition legally " have a response, the version that weighs oneself closes legally compasses, its are right the right has lawful sex and integrality related the copyright etc of this translation, show humanitarian agency this action damages its reputation instead, have the ill will of unfair competition.
The response of people education press did not aim the raise central issue of people literature press it seems that, namely title " is red star beamed China " whether to enjoy copyright by Dong Leshan and people literature press?
The premise of this problem is, whether does the short caption such as the title make the work on copyright law? Our country ever had had similar legal precedent to be able to be offerred draw lessons from. Ma Mou published books " the China on the tip of the tongue " , the CCTV made newsreel " the China on the tip of the tongue " , publishing homonymic books subsequently " the China on the tip of the tongue " . Ma Mou thinks the CCTV encroached his to the title " the China on the tip of the tongue " copyright. The court thinks, "The China on the tip of the tongue " the simple combination that is two current terms, only 6 words, lack corresponding length and necessary depth, cannot be conveyed adequately and reflect thought feeling of the author or research gain, show the intellective creative work that the author gives to this without the body, do not accord with the requirement with Promethean work, accordingly, not be the work that place of our country copyright law protects. (Beijing east court of people of the city zone is civil judgment (2012) Dong Minchu word the 09636th)
Return this second dispute, dust heart adds original name of work of · Si Nuo Red Star Over China, red star, China is textual to English metaphrase, having creative share is Over the interpreter is merely " beamed " , intellectual property selects an issue then small make up think, this one creation is too tiny, cannot make the work that copyright law place protects, title " red star is beamed China " in other part all is metaphrase, belong to finite expression, whole title can not make work.
