China Court’s Injunction Ruling: the Auction Company Shall Not Sell Qian Zhongshu and Yang Jiang’s Letter and Manuscripts

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(By You Yunting) As reported by Guangming News (note: the link is in Chinese), Beijing No.2 Intermediate People’s Court ruled in recent to demand the SUNGARI Auction Firm (the “SUNGARI”) not to carry out any conducts which would infringement the copyright contained in the letters written by Qian Zhongshu, Yang Jiang, Qian Yuan to Li Guoqiang. In the previous posts, we have put forward our opinions on the issue (post 1 and post 2).

According to the report, the court ruled that:

1. As the tools to communicate emotions, exchange ideas and discuss issues, the letter is generally the literal work finished by the writer basing on his/her independent thinking, and could be the work protected in the Copyright Law. Its copyright shall be owned by the author, who is namely the sender.

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Beijing Treaty on Audiovisual Performances

adopted by the Diplomatic Conference on June 24, 2012

CONTENTS

Preamble

Article 1:       Relation to Other Conventions and Treaties

Article 2:       Definitions

Article 3:       Beneficiaries of Protection

Article 4:       National Treatment

Article 5:       Moral Rights

Article 6:       Economic Rights of Performers in their Unfixed Performances

Article 7:       Right of Reproduction

Article 8:       Right of Distribution

Article 9:       Right of Rental

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Introduction to 3rd Revision Draft of China Copyright Law

On the beginning of April 2012, the National Copyright Administration of China (NCAC) released the exposure draft for revision of China Copyright Law (the “Draft”) accompanied with the interpretations on the draft. Today, we are going to introduce you the revision. (the image is the cover of China Copyright Law)

 (I) the works

(1) The original “cinematographic works” is revised to the “audiovisual works”, and the original “video recording” is deleted which will be protected as the audiovisual works;

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