According to the judgment made public by Zu Zhan, the court ordered Baihuazhou Literature and Art Publishing House to immediately stop publishing and distributing "Little Nanfeng", and Jinjiang Literature City immediately stopped providing "Xiao Nanfeng" on its website. The defendant was required to notify the court within ten days of the effective date of the judgment. The plaintiff was compensated for economic losses of 100,000 yuan, reasonable expenses of 30,000 yuan, and case acceptance fees of 4,300.96 yuan, which were borne by the defendant.
However, Jiu Yuexi responded in an article saying that she was "very disappointed and angry" and said that she would resolutely file an appeal in accordance with the law. "There are a lot of factual errors in the judgment and the ruling is inconsistent with fairness and justice. I firmly do not recognize it."
Jiu Yuexi's novel "Little South Wind" is the original novel of the TV series "Dark Fire" aired this year. It was published by Baihuazhou Literature and Art Publishing House in August 2017, and has a Douban reading score of 6.5.
previously reported that according to Zu Zhan, he completed the novel "Embrace You Across Time" at the end of 2014 and serialized it on Jinjiang Literature Network in early 2015. In October 2015, the physical book "Embrace You Across Time" was published.
In February 2016, Zu Zhan received a reminder from netizens that there were some similarities between "Xiao Nan Feng" and "Embrace You Across Time" serialized by Jiu Yuexi on Jinjiang Literature Network.
In 2021, the anti-plagiarism fund launched by writer Zhuang Yu was established. Subsequently, Zu Zhan contacted the fund and received financial and legal assistance from the fund.
On May 13, 2022, the copyright infringement case between Zu Zhan and Jiu Yuexi was heard for the first time, and the trial was held online by Beijing Chaoyang Court. This is the first assistance case since the establishment of the anti-plagiarism fund launched by the writer Zhuang Yu, and it is the first to reach the litigation stage. Many readers and creators are looking forward to this case's response to the frequent "censorship" phenomenon in the field of online literature. determined.
The original work of the movie "Better Days" was also involved in plagiarism controversy
Jiu Yuexi is a well-known domestic writer. Many of her works have sold film and television adaptation rights, but she has also been involved in disputes related to copyright infringement more than once: the movie "Better Days" "The original work behind "You Are So Beautiful" has been questioned by netizens as being "melted", "White Night Walk", "The Devotion of Suspect X" and other works; the original work behind the hit drama "My Worldly Fireworks" is "A City, In "Waiting for You" was pointed out in an article by Internet writer Shen Nanqiao that it has many similarities with "I'm Only Afraid I Love You" published in 2013...
There was a case of "Rongge" infringement in which Qiong Yao won the lawsuit
Jiu Yuexi once said: " I don't agree with the accusation of "melting stems" made by netizens. There may be common thoughts in my works, but there is no plagiarism of "melting stems". Since there is no unified standard for "melting stems", it has gradually evolved into a "heart testimonial". ' thing. I think more professional people are needed to discuss and solve this issue at this time. Whether "
" fusion " is considered plagiarism is a difficult point in this type of rights protection case, which is different from traditional copying and transfer plagiarism. The two works are different only in terms of textual expression, but some readers will have a strong sense of déjà vu when reading, and the plots will feel very similar. Therefore, some people regard this fusion as "advanced plagiarism." , or it can be said to be "cleaning the manuscript" or "translating from Chinese to Chinese". Whether it is a reasonable reference or plagiarism becomes difficult to define. Regarding the Zu Zhan case, attorney Zhao Hu also said that "this case is not easy."
However, this type of merger case is not without precedent. Among the top ten intellectual property cases in Chinese courts in 2015, the case of Qiong Yao suing "Gongsuo Liancheng" for plagiarizing her own work "Plum Blossom Brand" is a typical example. In 2014, when "The Palace" was broadcast, netizens pointed out that the plot was very similar to "Plum Blossom Brand". Qiong Yao publicly wrote to the State Administration of Radio, Film and Television requesting an investigation into the matter. The final trial determined that "The Palace" infringed "Plum Blossom Brand". The court of first instance in this case held that in the literary works used for comparison, the relationship between the characters and the storyline based on specific characters are highly similar, so the copyright infringement can be established.At that time, the Supreme People's Court stated that the significance of this case lies in the fact that the judgment fully explained the methods and standards for judging "substantial similarity" in literary works, and how to conduct plot selection, structural arrangement, plot advancement design, etc. in literary works. The distinction between “thought” and “expression” is instructive.
(Source: Jimu News)
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