RESEARCH

DeBund | How Did the Most Powerful “Right to Protect the Integrity of a Work” Come into Existence - Comments on the Second Trial Court’s Decision of the Chronicles of the Ghostly Tribe Case

Ni Tinggang2019-09-26 17:43:33
The Beijing Intellectual Property Court finally decided the case brought by Zhang Muye (pen name: Tianxia Bachang) against the Chronicles of the Ghostly Tribe for infringement of the right to protect the integrity of a work. The second trial court reversed the first trial court’s decision and found that the defendants including the China Movie Co. Ltd. by Shares infringed the Zhang Muye’s right to protect the integrity of a work. The Chronicles of the Ghostly Tribe had been widely criticized for its sacrificing IP contents for its popularity. Good news for people who are agonized over so-called popularity while even distorting the IP. I feel the case involves a lot of copyright related issues that need discussing after reading the second trial court’s judgment.
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DEBUND LAW REVIEW
There is a widespread distrust in high tech companies around the world since the scandal of the Cambridge Analytic information of Bookface broke out. A user agreement of ZAO, a Chinese-made app for changing human face images in videos became a hot issue on the internet the other day because it provided that no person can use the app without giving the right to use their face images permanently. Many people thought that the app developer Changsha SHEER Network Technology Inc. (“ZAO Company”) infringed the user’s portrait right and privacy.
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On 3 April 2019 the Jiangsu High People’s Court delivered the (2019) S.M.Z.No.62 judgement to close the “YF Shares Case” which had lasted for a long time, accepting that the repurchase clauses agreed by the investor and the targeted company were valid. Another issue arose from the second trial of the “YF Shares Case”. What are limitations on protection of the interests of the targeted company’s creditors arising from execution and performance of an investment agreement containing VAM clauses, or what are the targeted company’s responsibilities that should be included in VAM clauses in order to avoid affecting the creditors’ interests? Qiu Ruyu, senior partner and expert in capital markets and dealings analyzes and advises law makers on this issue from the perspective of announcement of VAM clauses.
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The Beijing Internet Court recently closed a case concerning the right to transmit information on the internet, deciding that the defendant Shenzhen Shushu Technology Co., Ltd. infringed the right to transmit proprietary information on the internet of the plaintiff Youku Network Technology (Beijing) Co., Ltd. by transmitting a series of pictures from the TV series Three Lives and Three Worlds Woven by Secrets by using the method of “explaining a movie with pictures”. The court’s decision is kind of being distinct for its deciding the infringing person and exclusion of reasonable use . However, the type of works in question and the plaintiff’s eligibility decided by the court are questionable and worth discussion. Lawyer Ni Tinggang who has long-time experience in providing Copyright Law related services comments on the court’s decision.
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An Analysis of Article 3 of the Legal Interpretation V of the Company Law
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About DeBund
DeBund is a partnership law firm mainly providing legal services concerning foreign affairs. It is also a patent agency, which structure has been granted by the State Intellectual Property Office.
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