China News Service Client, Beijing, April 30 (Reporter Song Yusheng) In April of this year, while the film and television works of "Ghost Blowing Lamp" were put online, the words "Ghost Blowing Lamp" also appeared frequently in the list of typical cases published by various courts. Above.
What is the story of the "ghost blowing lamp" behind these cases?
The poster of "Longling Labyrinth" launched in April.
"Ghost Blowing Lamp" that has become a typical case
On April 21, the Shanghai Pudong Court released the top ten cases of judicial protection of intellectual property in 2019. "The world is sang" Mo Jin Xiaowei "was accused of infringing the copyright of" Ghost Blowing Lamp "and unfair competition." First of all, the case is considered to be "the first case of copyright infringement and unfair competition dispute in the same country".
On April 22, the Jiangsu High Court issued the "Top Ten Typical Cases of Intellectual Property Protection in 2019" and "Shanghai Xuan Ting Entertainment Information Technology Co., Ltd. Xuzhou Branch v. Zhang Muye and other unfair competition disputes" was selected. In this case, the world tyrants sang "The Mystery of Makino Blowing Lights" was accused of using the "Ghost Blowing Light" logo without permission.
On the same day, the Beijing Intellectual Property Court publicly sentenced a dispute over copyright infringement and unfair competition between the author of "Ghost Blowing Lamp", Tian Ba Ba and Qingdao Publishing House Co., Ltd., Shanghai Xuan Ting Entertainment Information Technology Co., Ltd., and Beijing Dangdang Kewen E-commerce Co., Ltd. case.
On April 28, Shanghai Kojima Literary and Art Creation Studio and the State Intellectual Property Office of the first-instance administrative judgment were publicly released, and the studio in this case was invested by Zhang Muye (pen name "Tian Xia Ba Chang"), the author of "Ghost Blowing Lamp" .
Data Map: World Singing
Works not owned by the creator
How can a "Ghost Blowing Lamp" involve so many cases? This has to start from 15 years ago.
In December 2005, Zhang Muye (whose name is Tianxia Bachang) created "Ghost Blowing Lamp" and published it for the first time in the "Tianya Forum". He published 52 chapters in a serial form, and then the remaining chapters of "Ghost Blowing Lamp" and "Ghost Blowing Lamp" All chapters of "II" are published on the Chinese website of Shanghai Xuanting Entertainment Information Technology Co., Ltd.
"Ghost Blowing Lamp" on the starting point in Chinese. webpage Screenshot
According to media reports, in 2007, Qidian.com signed a paper agreement with the world Pahang.
According to the content of the agreement disclosed by the court, it stipulates that during the validity period of this agreement and after the completion of this agreement, the world's tyrants shall not use their real names, pen names or any of them to create works or acts with the same or similar names as the works. The title of the main chapter in the work; if the work successfully signs the film and television adaptation rights agreement and produces economic benefits, Xuan Ting Company promises to reward 40% of the remuneration generated by the film and television adaptation as a reward, 15 working days after receiving third-party money Pay to the world to sing.
This also means that, although the world has created a series of "Ghost Blowing Lamps", if he wants to use "Ghost Blowing Lamps" as the material, he needs to obtain the authorization of Xuan Ting Company. If allowed by Xuan Ting, other authors can create "Fan Fan Works" of "Ghost Blowing Lamp" under the title "Ghost Blowing Lamp".
After that, with the increasing popularity of the "Ghost Blowing Lamp" series, related "Fandou works" also appeared on the market, and there were only 8 "Ghost Blowing Lamps" created by the world.
Can't use "ghost blowing lamp" but can write "Hu Bayi"
In fact, a number of related cases have recently been heard on this basis.
In the case of "The World Singing" Mo Jin Xiaowei "was accused of infringing on the copyright and unfair competition of" Ghost Blowing Lamp ", Xuan Ting Company believed that the world's Pa Sing used" Gui Jin Xiaowei "extensively in the book" Moving Jin Xiaowei " The original expression elements such as the character name, character image, character relationship, tomb robbing method, and taboo rules to be followed in the "Blowing the Lamp" work infringe on its copyright.
The Shanghai Pudong New District People's Court held after trial that the elements such as the figure advocated by Xuan Ting Company were first created by Zhang Muye. If there is no agreement that specifically excludes Zhang Muye's corresponding rights and interests, Zhang Muye (pen name "Tian Xia Ba Chang") As the author of the original work, he has the right to use these elements in the original novel to create new works.
In other words, the three protagonists used in the book "Moving Gold School Captain" by the world do not constitute infringement. "Hu Bayi", one of the protagonists in "Ghost Blowing Lantern", can also appear in "Mo Jin Xiao Wei".
Data picture: Previously, the promotional photo of "The Mysterious Deeds of Makino".
In the case of "the world sings" The Ghost Blower's Muye Trick "was accused of unauthorized use of the" Ghost Blower "logo", the court clearly distinguished the right to use the name of the work from the authorship of the author's personal attribute, so it does not Restrict the author's freedom to use his real name or pen name to re-create.
At the same time, the court also determined that Zhang Muye (a pseudonym "Tian Xia Ba Chang") should be aware of the legal consequences of the transfer of property rights related to the copyright of the work of the agreement when signing the contract. Therefore, he could not violate the original agreement after Xuan Ting ’s commercial operation was successful, claiming The related rights and interests of the "Ghost Blowing Lamp" logo belong to you.
In this case, the three defendants, including Baxia, were convicted of unfair competition by using the unique names of well-known commodities without authorization.
In the "Disputes over Copyright Infringement and Unfair Competition in the Infringement of Copyright and Unfair Competition by the Authors of" Ghost Blowing Lamp ", Tian Ba Ba and Qingdao Publishing House Co., Ltd., Shanghai Xuan Ting Entertainment Information Technology Co., Ltd., and Beijing Dangdang Kewen E-commerce Co., Ltd. It is also clear that after the copyright owner transfers the copyright property of the work, he can no longer obtain economic benefits from the work based on the use of the copyright property of the work.
The court found that the defendant ’s actions constituted copyright infringement and unfair competition due to a large number of modifications to the novel “Ghost Blowing Lamp” without permission.
In this case, although the world tyrants have transferred the copyright of the books in the series of "Ghost Blowing Lamps", they can still claim their rights under the "Anti-Unfair Competition Law" for unfair competition involving the book. (Finish)