difficult Qi posterity This is a unique historical background and relevant.
Whitehead old life for the community to create great wealth. Only the paintings donated to the State, and now has billions of dollars valuation
the rule of law over the weekend freelance writer Lu Shan
can not imagine how in Jinjiang, wine on the table an unintended words, actually in the next few years completely changed his life, so that he was involved in a protracted copyright battle, since neck.
stepped
2004, at the Jilin chemical plant operates in several Jinjiang, the business is doing wind and water. Usually love calligraphy and painting, he met in an entertainment in the descendants of an old man Qi. Three drinks, talking about family memories, over eighty years old who actually can not help but Shan course, Who even out of the books we do not know. busy.
a ripple. Unexpectedly, even the idea soon reached a consensus in regulating the family house. Qi Qi's family, the grandson of co-selection of Yi Qi Bing, as a recovery agent of the copyright case. On Jin Jiang as his personal assistant. After experiencing repeated ups and downs, had stepped back to think of the situation, Qi Ping-yee, said the idea was very naive,
tory burch boots, and very beautiful.
soon, regulating the family had nine spending ten generations with the power of attorney. Regulating the family's mind is clear, Impulse, the will to win, so that in the Jin Jiang Qi Ping-yee and spirits. Where they want to get a foot on the road full of thorns.
family for Qi, the meaning of 2007 is unusual. This year is the fiftieth anniversary of the death of Master Qi.
under the Copyright Law of China stipulates that
copyright law also provides that , the successor without the permission of the author or, no person shall use the author's works, otherwise, will bear the corresponding legal responsibility.
This means that if the descendants of Qi is not December 31, 2007 claim their rights, will be more than legal protection.
from a legal point of view, this is a watershed, or the challenge is to determine the last minute concessions.
At this critical moment, put your family in Changchun, Jilin Fine Arts Publishing House infringement prosecution first began.
Proceedings of the Road
1998, the Jilin Fine Arts Publishing House has not authorized publication and distribution of homogeneous families of the
back in the spring of 2004, Jin Jiang Qi Ping-yee, and had contacts in Jilin Fine Arts Publishing House, hope that bilateral friendly consultations to resolve copyright issues.
However, after a good start, the two sides began a long wait. Each of the key issues encountered in the negotiations, the two sides is not because the total is also busy because business can not see the face. Time dragged on for nearly 3 years. Suddenly wake up in Jinjiang, further delay may have a limitation on the. Regardless of them, we'll sue. Yi Qi Bing a lawsuit filed to Jilin Fine Arts Publishing House to court, asking the court to sentence Jilin Fine Arts Publishing House to stop violations, in writing or in the media, public apology and pay tolls and economic losses of nearly 50 million.
tough action far beyond the road and at the Jin Jiang Yi Qi Bing's first thought.
first to find evidence of infringement. Qi is the world's cultural celebrities, dean of the Chinese art community, Xinhua Bookstore, his works are everywhere, each library were arrayed on the shelves of his books, a variety of shops and numerous publications. Yi Qi Bing hired a lawyer to the library to print on the Qi in the library catalog, find relevant information, and then to the bookstores. Do not know do not check a check homogeneous Ping Yee staggering --- 10000 book! It involves hundreds of publishers, but mostly heavy-weight units and master figure. Eleven action then it will be a large project.
Jigme Press reported the case after the hearing,
tory burch wedges, to have encountered many unexpected problems. Such as the court required the plaintiff to produce all proof of the police station proved --- Qi Qi was the son of the late Liang, Qi Liangzhi is the daughter of Qi, Qi Liang-pity is the daughter of Qi, which is close to 300 people a plaintiff groups, one by one proved cumbersome can imagine. Next, but also to prove that they had been negotiating with the publishers.
2007 年 10 22, Changchun City Intermediate People's Court of first instance verdict, the court held the family together to Yi Qi Bing authority over time, and the case has exceeded the limitation of action. Qijia first instance against the unexpected result, and let Yi Qi Bing was shocked and in Jinjiang. Few years, costs have recourse only up to 6 million. Lessons learned before, during the second instance, regulating the family through the extensive collection of evidence of attorney, made full preparations.
2008, the second instance court of first instance is unclear, lack of evidence back to the first instance court for retrial. Finally, under the mediation of the court, Yi Qi Bing Jigme Press obtained the 36 million compensation money paid.
Qi copyright case as the first battle, the case of Kyrgyzstan from the United States to go to litigation for reconciliation, losing to the second trial remand from the first trial, retrial and then to mediation, which lasted 5 years. For Jin Jiang as saying,
conducted in Kyrgyzstan,
tory burch flip flops, while the U.S. case, Qi is also other cases of copyright cases opened, and triumph, seems to have made around flowering results.
2007 year-end, Yi Qi Bing and other representatives of the 24 publishing houses will put your family and the company to court to require the defendant to stop infringement and unit compensation for economic losses, claims the amount of nearly a thousand million. Shenyang, Changchun, Jinan, and other courts have accepted the case in late 2007. Regulating the family requested that 24 unauthorized, unauthorized illegal production, distribution and sales units Qi works nearly a thousand million royalty payment.
only in respect of which Shenyang 19 cases before the Court, the first trial concluded a total of five, including three judgments, settlement withdrawal of two, five units of a total compensation for infringement of 138 million yuan.
Up to now, the case was prosecuted more than 70 publishers nationwide, some reconciliation, some have been sentenced, there is still more than 30 lawsuits.
From the initial search for books in the library, to send four textbook, then the value of the books listed in litigation, and finally to the law written into the action plan, each step methodically. statement. The marathon copyright lawsuits, but also created lots of history of China's copyright record:
one: the plaintiff in number: Qi copyright case involving more than 200 plaintiffs. Qi legal successor of which more than 50 people; two: the number of defendants and more: Qi copyright case involving more than 100 defendants; III: Search Books and more: So far: more than 10,000 volumes of books were retrieved; Four: Books and more involved in the case: So far: filing nearly 100 books, 100 volumes of books to be placed on file, more than 100 volumes of books to be searched. Ups and downs, different characteristics; five: more than celebrities involved: in the hundreds of the original defendants, celebrities, cultural dean everywhere.
However, behind the surface situation is excellent, but hide the bitterness of the past few years unknown and difficult, so many times in Jinjiang want to escape, you want to give up. / p>
dilemma
the outskirts of Beijing is very easy to see that Yi Qi Bing, played down the case in recent years, Yi Qi Bing far apart have become accustomed to driving alone, traveling all day.
into only three to four square meters, this small apartment --- Ping-Yi Qi is said to be painted with a twenty in return --- furnishings is quite simple. Qijia placed on the table a lot of old photos,
tory burch flip-flops, Zhuo Qi future generations face Tanzhe power of attorney, shelves stacked with dozens of books on Qi's Painting a stark contrast.
Yi Qi Bing's haggard face, slumped against the sofa. The eyes of journalists to explore the face of this character there is a stubborn old man sixty Unspoken feelings, he really physically and mentally tired.
cost of 200 million; north south to Guangzhou,
tory burch bags, Jilin, travel thousands of kilometers; on behalf of hundreds of people faced with hundreds of well-known plaintiffs accused the publishing house, many of them with the dean of scholars and cultural, Whitehead recourse behind for the elderly as the copyright Yi Qi Bing effort unsupported by. This step is not any one person can decide, Social accountability Yes.
to 200 million! in total investment, legal fees, attorney fees, notary fees, transportation costs account for the main board.
Yi Qi Bing is not afraid to court, dozens of lawsuits from the front view, part of the final to secure a settlement, any final court decisions have won the case. However, too much behind in favor of human and material resources as the cost of consuming too much energy.
Yi Qi Bing told the Court summons. There was a lawsuit in Changchun, after winning the first trial and sentenced to 2,000 yuan in compensation. Danshi litigation costs spent 3,700 yuan. There was a lawsuit in Hangzhou, although the sub-compensation of 25 million, but was told Press restructuring, to find people to not take the money. Some cases the application for enforcement, the Press asked all the descendants of Qi must have power of attorney, we had very loose ties, when they could collect the whole? This decision can only go in favor of the appeal.
Fortunately, the Jin Jiang introduced a few years down the lawsuit, has accumulated a wealth of up, probably just to play for a draw.
human and financial resources to pay just the one hand, let Yi Qi Bing is the most unacceptable criticism and questions from all sides. Now even began to question the status of the art of Qi. Yi Qi Bing these days online and read the cases have developed a habit of news and replies. Replies abundance, Yi Qi Bing stunned. Turned out to be greeted by countless do not understand. Qi doubt true or false, is not illusory.
What is wrong?
Who pays the bill
Press also very innocent, however, and even aggrieved. Person in charge of a publishing house said, published supplementary materials? heritage of traditional culture? After all, no publishing house where's Qi? cable, more than 100 publishers have become the accused, sensational ah. They do not for money why? even the image of the elderly regardless of Whitehead. Mr. Bai Dan is proud of the character, such as pines, modesty, such as the Valley, and never on the utilitarian eyes, are his descendants do not learn? poured oil. On the future plans, Yi Qi Bing looked very firmly: The result? The face of questions from reporters, Yi Qi Bing thought for a moment and said, lawsuits were in the end! A judge hearing the case has told reporters that publishing the work as a department specialized in publishing should bear higher than the average person does not infringe the copyright of others the duty of care to ensure that the publications involved in the business to obtain lawful authority, a legal sources.
have to admit, however, intellectual property rights in China is a scratch, and constantly improve the process. During the interview, some publishers, says: ask for high compensation should do the same, then the publisher of the how to deal with it? test.