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"Mi month biography" the copyright dispute of second instance court fiction screenplay is first into focus

2018-10-31 18:33 beijing evening news TF003

Hot drama "Mi month biography" since the premiere date has been in the past 3 years, but behind the dispute has not stopped. The right to dispute with both sides signed a dispute over the right of reputation, litigation, "" Mi months pass script copyright sued Jiang Shengnan for plagiarism exists in "biography" in novels of MI month. The copyright was sentenced to lose, so the appeal to the Beijing intellectual property court today (October 31st) afternoon, the case of second instance trial.

Data figure "Mi month biography" the Xinhua News Agency reporters Zhang Guojun photo

"Mi month biography" the author of the novel the alleged infringing copyright dispute

In 2009, Jiang Shengnan published a 7000 word novel "Datong Qinhuangdao empress on the network". This theme is the Dongyang city flower LETV TV Culture Co. Ltd. (referred to as flowers film) to capture, they linked to the author Jiang Shengnan, the two sides signed a screenwriting contract in 2012, Jiang Shengnan commissioned the novel adaptation, the formation of "biography" by Mi month script and flowers into a drama film and television production.

TV drama "" Mi months pass the broadcast quickly became popular, Jiang Shengnan will be up to 180 words of the novel published by the Zhejiang literature and Art Publishing house.

But the flowers television that Jiang Shengnan published "the novel" Mi months pass is not 7000 words of the original "Qin" instead of the corresponding content and the queen mother, "" Mi months pass TV drama in the part of content of the same. The creation of this drama contains common achievements of collective wisdom, Jiang Shengnan without the script for novels and publishing, sales, the serious violations of the flowers television copyright.

Therefore, the flowers television will Jiang Shengnan, publisher of Zhejiang literature and Art Publishing House, the sales side Zhongguancun book building, asked the three defendants to stop publishing, distribution and sales of "Mi month biography" novels, and the plaintiff joint compensation for loss of 20 million yuan due to the infringement and rights fees.

Haidian court held that, Jiang Shengnan, "" Mi months pass, the writer of the novel, the flowers television company "Mi month biography" the script of the copyright owner. Jiang Shengnan commissioned screenplay flowers television, introducing some companies in the creation process of the comments on the script to modify the script creation, belongs to the normal behavior, cannot assume that the novel or copy the content of the script, the judgment dismissed all claims of flowers film.

The flowers television refused to accept the verdict, appeal to the Beijing intellectual property court.

The focus of the trial: first novel or the first script?

This afternoon, the second instance of this case in Beijing intellectual property court, the appeal is still in favor of Jiang Shengnan flowers film and novel publisher, sale infringement, reasonable cost and require third-party compensation for the loss of 2000 million and expenditure.

The flowers television that the two sides signed a screenwriting contract, had expressly agreed "Party B (Jiang Shengnan) without Party A (the film) consent, shall not be transmitted to a third party script" in any way, but the court has not been identified. According to the contract, Jiang Shengnan according to the script creation rights and not be retained.

At the same time, the flowers television pointed out that in the script before the completion of 7000 words only publish content on the network of independent creation of Jiang Shengnan. There was no evidence, Jiang Shengnan published the "180 words" Mi month biography novels to the script before, and because the novels and scripts more than half of the content exactly the same, so Jiang Shengnan's behavior belongs to tort.

"If the other side has said, why don't they hire a professional writer, but to buy a composition in about 1000000 at the beginning?" Jiang Shengnan's agent asked.

Jiang Shengnan's agent pointed out that as early as in the "Mi month biography" launch, on posters, trailers, such as micro-blog word propaganda, were marked "according to the Jiang Shengnan novel of the same name, therefore, flowers television has been acknowledged in the novel of Jiang Shengnan there. Regardless of the script or fiction, the author is Jiang Shengnan, whether it is fiction copying script, the script or copying novels, stories are not established.

But the flowers television said the company has been recognized by Jiang Shengnan adaptation behavior is that the novel has already invested in the script creation, but the company Toupai had never seen before, the novels of the papers. Therefore, the key to the case is that the 180 words of fiction and drama creation in the end what earlier.

The case was not in court for sentencing.

Source: Beijing evening news reporter Liu Suya

Editor: TF003

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