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As for "sword" inspired by the original comic book title, author and publisher to posterity

2018-11-06 14:13 beijing evening news TF010

The original people's Fine Arts Publishing House artist Ren Lvying during had created a lot of works, he died nearly 30 years later, his descendants who claim still retained in the press comic book manuscript, and court press. After losing the first instance, the children he appealed to the Beijing second intermediate people's court. Today, in the case of the court.

Ren Mengzhang, Ren Menglong, et al. Litigation request in the first instance is the defendant, the people's Fine Arts Publishing House Limited return by Ren Lvying comics "sword" full set of original album leaves. The plaintiff said that he worked in the United States. For many years, is the publisher of paintings, comic middle-aged career pioneering figures, in 1964, he created the comic "sword" drawings Zhongli 138, but has been in the hands of the original. Ren Mengzhang and others believe that the comic sketch ownership should belong to Ren Lvying, after his death, his estate belongs to. The plaintiffs are at large heirs, have the right to request the return of the United States press drawings.

The United States press said that he is the publisher of the personnel in the work unit, the content is the creation of comic books, therefore, should press comics "Chungli sword" ownership of the work people. And the completion of the work has been more than fifty years, he proposed "the return of the original children now" litigation has exceeded the limitation.

The court found that from July 1951 to December 28, 1983 he served as art creation in the beauty Department press office. The comic book "Chungli sword" paintings are completed his creation in 1964, followed by the United States publishing house. In addition to the cover paintings, all stored in the press. The court of first instance, he has been writing job duties, including the comic works, he also receive a salary from the press. To the court that the plaintiff did not work he is outside of work free creation, there is no evidence that he has worked with the press about ownership of the original works so that he expressly agreed, is the work of the original paintings of the owner, the lack of evidence. Therefore, dismissed the plaintiff's claim.

Today's hearing, press the agent said that before 1951, he is free occupation, but in 1951, he began to work for the United States Agency, and receive remuneration. In 1964, he used the beauty club to provide material conditions, according to the press the creation topics, created a "Chungli sword", it should be identified as official works, so its ownership should belong to all. "The" general principles of civil law and other laws after the implementation, he also proposed to press Mr. no questions about the ownership of the original."

He children in court today put forward evidence that many aspects of the objection. They say this Vice- Although the comic works created in 1964, but is actually in 2001 years by signing a contract with the families of the publishing press. "As far as we know, the press has been unable to find the manuscript, he alive, always can't find, so there is no go on the unit to original thing."

In the end of the ownership of post works belonging to the unit or individual creators? In the trial, both sides have been the key issue of fierce confrontation.

The two sides for use at large in the creation of paper, paint etc. problem is the consensus: it is provided by the press, but the two sides also recognized, "Li sword" really belongs to post works.

So there is a problem. Ren Jia said that the press has returned the old man once created many works of the manuscript, the manuscript also belongs to the post works. Now that all the post works, why "sword" is not the original leave to return? On the court, they also presented a gentleman in the writing of another work of "White Snake" to write a diary, to prove that "the" White Snake "is post works. Now the original at our house."

In this regard, the press agent said: "with the nature of the original work, is not the return of the press. But Chinese is not the case law of the country, the diary of the White Snake "original how to identify, can not affect the determination of the" sword "to leave. But this is not the case of ownership disputes, copyright disputes, on the paintings, and the ownership of copyright can be separated. For example, Tang Bohu drew a picture to others, then the ownership becomes does not affect each other, Tang Bohu is the author of. Now the other request to return the original, oneself will provide evidence to prove the ownership belongs to their paintings."

At the end of the trial, as proposed own opinion: mediation by Ren and the press will be donated to the National Museum paintings or Chinese art museum. "Of course is to us, press the name as." On this proposal, press attorney undaunted: press is the state-owned units, the paintings also belong to the state-owned assets, the processing is to have very strict procedures, can not be said to donate to donate......"

The case was not in court for sentencing.

 

 

Source: Beijing Evening Post Enron

Editor: TF10

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