Original title: A defendant was sentenced to prison for illegally producing and selling "script-killing"
Worker Daily-China Industry Network reporter Lu Yue
Recently, the Supreme People's Procuratorate released typical cases of punishing copyright infringement crimes in accordance with the law. One of the cases found that "script killing" that is original and can be expressed in a certain form is a work protected by my country's copyright law. In this case, the procuratorate strengthened the criminal protection of copyrights in new business formats and new fields, and promoted the management of litigation sources in the "script-killing" industry.
From September 2020 to November 2021, in order to obtain illegal profits, Hao Moumou used online platforms to purchase more than 200 electronic versions of "script-killing" works without obtaining the permission of the copyright owner, and rented venues and organized personnel illegally. Produce "script-killing" works and sell them through his account registered on an online platform. The store sold a total of 3,233 copies of various "scripts" and made illegal gains of RMB 50,000. After identification, Hao Moumou's illegally produced and sold "Script Killing" such as "Yin of the Ancient Wood" and "Article 22 School Rules" constitute a copy relationship with the infringed works.
On July 4, 2022, the Yingze Branch of the Taiyuan City Public Security Bureau in Shanxi Province transferred Hao Moumou to the Taiyuan City Yingze District People's Procuratorate for review and prosecution on suspicion of copyright infringement. On March 14, 2023, the Yingze District Procuratorate prosecuted Hao Moumou for copyright infringement. On April 25 of the same year, the procuratorial organ invited more than 200 people, including deputies to the National People's Congress, public security police, administrative law enforcement officers, and college students, to observe the trial.
On October 20 of the same year, the People's Court of Yingze District, Taiyuan City made a first-instance judgment, fully adopting the procuratorial agency's charging facts and sentencing recommendations, and sentenced the defendant Hao Moumou to three years' imprisonment, suspended for three years, and a fine for the crime of copyright infringement. RMB 20,000. The defendant did not appeal and the judgment has taken effect.
"Script killing" in this case is a game form that allows players to read scripts, play roles, develop story reasoning around the plot and clue game cards, and restore the plot and character relationships through game interaction. It integrates text, art and other elements, and is a literary and art form. Intellectual creations in the field are original and belong to works protected by my country's Copyright Law. The act of illegally producing genuine "script-killing" scripts and selling them externally for the purpose of profit is an infringement of the rights of reproduction and distribution of works. If it constitutes a crime, it should be convicted and punished for copyright infringement.
In recent years, the phenomenon of piracy that has emerged in the development of the "script-killing" industry has become a stumbling block restricting the healthy development of the industry. The procuratorial organs issued procuratorial recommendations to urge administrative agencies to strengthen supervision of the "script-killing" industry. Administrative agencies adopted the procuratorial recommendations and carried out law enforcement inspections of new entertainment venues such as "scripted killings" and escape rooms in their jurisdictions to correct the negative content of the scripts; this case was made into a brochure to guide operators in the "scripted killing" industry to operate legally. By organizing court trial observations, the procuratorial organs strengthen the publicity of intellectual property protection and promote the formation of a good atmosphere in all sectors of society that respects knowledge and protects innovative achievements.
Source: Workers Daily Client
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