Interpretation of the Northern Ireland copyright dispute

Zhao Hu appears.

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After the launch of the Beijing love story, well received by viewers, and has been replayed several times, is one of the rare excellent TV series in recent years. However, renpachumingzhupazhuang, no matter what, a fire will happen complications. This time around the copyright of the Northern Ireland dispute began to appear, and the continuing development of …

        according to media sources, the Northern Ireland’s play was written by two people, namely Chen Sicheng, Li Yaling, Chen Sicheng is the Northern Ireland Director, Star and screenwriter, also because of the Northern Ireland fire. The copyright dispute occurred on these two men, old friends because of disputes to the Court. Judging from the current disclosures, this paper argues the case mainly involves the use of collaborative works …

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According to the Beijing daily news: this is a friend of Li Yaling and Chen Sicheng, because the Beijing love story script copyright issues repeatedly in court. Yesterday, the two sides again at the Xicheng Court of “meeting”. This time, Li Yaling sued Chen Sicheng hired the writers contract is null and void …

“On the surface this is Chen Sicheng hired writers ‘ contracts, is actually the transfer of copyright contract of the Beijing love story, I as one of the screenwriters, without my consent and authorization of the case, the contract shall be null and void. “Li Yaling said she and Chen Sicheng 2009 partnerships, co-authoring the Beijing love story script, but Chen Sicheng unilateral transfer of copyright to the defendant plays classic movie-studio in Beijing, agreed to play, permanent copyright belongs to the studios of the TV series and its related products …

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On this, Chen Sicheng in submitted to Court of reply shaped in the said, he is Beijing love story under of original author, external signed hired screenwriter contract under get has joint screenwriter Li Yaling of full authorized, its pursuant to is Li Yaling of a article Bowen: April 2010, classic company absurdities, see has Northern Ireland under of Qian ten set script, decided investment this project, and bold started Sicheng do Director. Until August 10, Sicheng signed a detailed contract filming until the end. I did not participate in the agreement on the signing process, but very trusting cooperation of my friends full oral entrusted Sicheng …

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In accordance with the provisions of the copyright law: “the cooperation of two or more works of composers, copyright by the authors, to enjoy. People who did not participate in the creation, cannot become a co-author. Joint authorship can be separated into independent, authors for their part in the creation of individual authorship, provided that the exercise of such copyright shall not violate the copyright of joint authorship as a whole “. The Northern Ireland plays since Chen Sicheng and Li Yaling co-creation, nature should by Li Yaling and Chen Sicheng, to enjoy. At this point, the law is very clear. Joint authorship can be separated into independent, such as movies, music, novels with illustrations, created by authors for their part can be copyrighted separately.。 So, works of joint authorship is indivisible, and how to use it? …

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According to China’s regulation on the implementation of the copyright law of the Nineth of stipulates: “collaborative work can be separated into its copyright by the authors, to enjoy, adopted by consensus, and unable to reach consensus, and there is no justification, no party shall prevent the parties from exercising other rights except for the transfer, but the proceeds should be reasonably allocated to all joint authors. “In accordance with the provisions of article, collaborative work can be separated into, should be used by the co-authors of consensus. Such provisions similar to the provisions of the law of property right. However, unable to reach consensus, it differs from the provisions of the law of property right.。 However, the proceeds should be allocated to all the joint authors …

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According to the above provisions, such as the Northern Ireland joint authorship, authors should consult on how to use consensus, according to the results of consultations with the script works. If you are unable to reach consensus, any one of the joint authors are used in accordance with the provisions of the copyright law for the play, but cannot be transferred to work. Using the proceeds from that work should be reasonable to all collaborators. In other words, regardless of whether Li Yaling agreed that Chen Sicheng can own or under the Northern Ireland commissioned a script into the TV series, can also be made into a movie. However, the benefits should be reasonably assigned to Li Yaling. Rational distribution, which in turn is another question.。 If negotiations are unsuccessful, the distribution according to the contribution to the work in General, cannot be identified, evenly distributed …

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In this case, noted Li Yaling Chen Sicheng does not authorize others to use the script, but transfer of the play. So, the focus of this case is: Chen Sicheng contracts signed with classic is a licensing contract or a transfer contract, agreed by the classical company has the right to play Chen Sicheng and Li Yaling wrote the screenplay, also further the creation of a script; Li Yaling’s actions with a clear expression of intention may assign the scripts and so on. Judging from the current disclosures, see Li Yaling’s manifestation of intention to transfer the script.。.

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In conclusion, these are the lawyers under the circumstances disclosed in the copyright dispute that reading of the script of Northern Ireland, might be undisclosed, it might be further evidence. How events develop, let us watch and analysis …

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Interpretation of the Northern Ireland copyright dispute

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