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Jin Yong v Jiangnan case was awarded 1.88 million yuan in the first instance. Can fan fiction still write?

  Beijing, August 17 (Reporter Song Yusheng) The case of famous writer Jin Yong v. Jiangnan, the author of "Fan Works" and "Teenagers Here", was publicly pronounced in the Tianhe District People’s Court of Guangzhou on the 16th. This dispute, known as "the first case of a fan’s work in the mainland", was judged by the first instance that Jiangnan and other three defendants constituted unfair competition, and Jin Yong was awarded 1.88 million yuan.

  "Fanwork" refers to a re-created work by using elements such as characters, story lines or background settings in original cartoons, animations, novels and film and television works. In recent years, there are many such works on the Internet. Does this case indicate that all the works of the same person involve similar problems?

  In fact, as early as 2016, the dispute between Jin Yong and Jiangnan entered the public eye. At that time, Jin Yong filed a complaint with the Tianhe District People’s Court in Guangzhou, suing Jiangnan and Beijing United Publishing Co., Ltd., Beijing Jingdian Bowei Culture Media Co., Ltd. and Guangzhou Book Center Co., Ltd. for infringement.

  Jiangnan is located in Beijing, and the Guangzhou court does not have his address, which leads to Jiangnan not receiving the relevant documents, being publicized by the court and being hanged on the Internet by netizens.

  In April, 2017, the case was officially opened. The core focus of the court debate between the two sides was whether the names, relationships, personality characteristics and storylines of the characters such as Ling Huchong, Guo Jing and Huang Rong in "Teenagers Here" belonged to the ideological category, or were they original expressions, and whether they were protected by China copyright law.

  Jin Yongfang believes that the above-mentioned original martial arts characters have formed a distinctive and classic image in public consciousness in the spread of decades, with strong recognition. Without permission, "The Boys Here" uses a lot of these original elements to attract readers, seek competitive advantages and make profits, which infringes on Jin Yong’s copyright and constitutes unfair competition.

  On the other hand, Jiangnan believes that there is a fundamental difference between Boys Here and Jin Yong’s works. The original expressive parts of Jin Yong’s works are not used in the works, and no changes are involved in Jin Yong’s works themselves.

  After the judgment of the first instance, the Tianhe District People’s Court published the comparison between Jin Yong’s and Jiangnan’s works on its WeChat WeChat official account.

  The reporter noticed that the names of the characters in "The Boys Here" are the same as a large number of characters in Jin Yong’s works. Among them, 27 are the same as The Legend of the Condor Heroes, including Guo Jing, Yang Kang, Huang Rong, Ouyang Ke, Ouyang Feng and Huang Yaoshi. There are 13 in total that are the same as Jin Yong’s the legendary swordsman, including Ling Huchong, Lin Pingzhi, Duhu seeking defeat, Dong Fangbubai, etc. There are 18 in total, including Wang Yuyan, Duan Yu, Qiao Feng, Duan Zhu and Duan Zi. There are seven similar works to Jin Yong’s The Condor Heroes, including Guo Jing, Huang Rong, Little Dragon Girl, Yin Zhiping and Lu Wushuang.

  The court held that "Teenagers here" was not based on Jin Yong’s works in terms of character relationship, personality characteristics and story plot, but wrote a brand-new story beginning, development, climax and ending around the characters in different times and spatial backgrounds, creating campus youth literature works different from the plaintiff’s works, which would not lead readers to have the same or similar appreciation experience. On the whole, it is not enough to constitute infringement, so it is judged that Jiangnan enjoys complete copyright.

  At the same time, the court held that although the names of characters, relationships between characters and other elements in Jin Yong’s works do not constitute original expressions and cannot be protected as objects of copyright, it does not mean that others can use the above elements freely, freely and indefinitely. Jiangnan’s move to borrow a name is indeed suspected of profiting from the situation, which constitutes unfair competition to a certain extent.

  In addition, the court also pointed out that "The Boys Here" and Jin Yong’s works are the same or similar in terms of characters’ names and relationships, but they belong to martial arts novels and campus youth novels in literary works, and their readers are different, and there is still room for coexistence. If Jiangnan is republished after obtaining Jin Yong’s understanding and permission, it will better meet the diverse needs of readers and be conducive to cultural prosperity.

  Writer Jiangnan also issued a statement on the same day, saying that it is good news that there is no copyright infringement, and "unfair competition" is a resounding alarm. The statement also said that it is not a happy thing to go to court with an author whom you respect, but "it should be robbed because of its name."

  As of press time, Jin Yong did not respond to this matter.

  The reporter also interviewed a third-party lawyer. Chen Ruojian, the managing partner of Duan Heduan Law Firm, said that the determination of unfair competition has little to do with whether it is profitable or not. Generally, it depends on whether the commercial interests of others are damaged.

  "In this case, Mr. Jin Yong’s works are also recognized as well-known works, which are actually commercial novels. If you borrow the elements of well-known commodities for commercial activities, it should constitute unfair competition. " Chen Ruojian said.

  Then, do "fan works" recreated with the names of characters in well-known works constitute copyright infringement or unfair competition?

  Chen Ruojian thinks this needs specific analysis. "It depends on the specific plot of the work here, and whether it will cause misunderstanding among readers."

  Lawyer Chai Zheng said that from the perspective of intellectual property protection and encouraging innovation, works with their own complete intellectual property rights are definitely better than "famous brands". "If you must learn from, quote, or pay tribute to the author, you should at least get the author’s consent."

  At the same time, Chai Zheng pointed out that everyone can’t think that as long as the work is not profitable, it will not involve infringement.

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Farming Tobacco in Peach Blossom Garden —— Encountering Peach Blossom Edge in Jinan, Xiaoquan Du

People are so capricious. Perhaps it is the reason why the living conditions are relatively substantial. Of course, it has nothing to do with whether you are an official or a merchant, and it is no different from whether you are an ordinary person or a dissolute scholar. After living in the city for a long time, I always want to walk in the wild, for recreation and for exploration. In short, it will be more comfortable to change the environment. Especially in the spring of March, most people want to experience the relief of "cultivating cigarettes in the Peach Blossom Garden".

Name: Wonderful Flower February Day

Size: 48*26cm

Author:

As luck would have it, I planned to go for an outing in the mountains around Jinan to enjoy the spring and feel the beautiful scenery of "Peach flies away, burning its flowers", but I was arranged to study in the Shandong Provincial Party School in the suburbs of Jinan at the right time. The Party School is located in the hinterland of Qinglong Mountain, about 20 kilometers east of Jinan, where the mountains jump and the scenery is pleasant. It is a rare "Xanadu".

On the hillside in the southeast of the campus, there is a peach blossom garden that can’t see the edge. The east wind is blowing, and the fragrance is overflowing. The whole campus is filled with the breath of spring, which makes people linger and go back and forth. The campus guide pointed to the mountain in front of him and said, "This mountain is called Jinding Mountain. Every year in late autumn and early winter, yellow leaves are all over the hills, which is especially brilliant and spectacular under the setting sun." When I was writing an inscription for the school library, I mistakenly wrote "planting a golden tripod" as "Zhong Jinding", and the onlookers laughed and said, "Wrong is good" and "There are no mistakes in the calligrapher’s pen" to justify the mistake. However, I accidentally remembered a poem by Li Shangyin, which read: "Innovating the old law in three chapters with one stroke", and I just made a self-explanatory innovation to set off the atmosphere and make a joke!

A rockery was built on the northern slope of this "planting Jinding Mountain", and a pavilion was built at the top of the mountain, which was called "Qiushi Pavilion". Standing at the pavilion head, the mountains are green and endless. Huashan Mountain, which is famous in the northwest and crowned in the north and south, can be seen faintly. This mountain is also called Hua Buzhu Mountain, which is famous for Zhao Mengfu’s masterpiece "Quehua Autumn Color Map" in the Yuan Dynasty. Turning to the south, you can see the wonderful picture of "endless peach blossoms scattering clouds". Clusters, clusters, rotten like a sunset, clearly want to burn.

Day after day, I met Mr. Liu Mingbo, a good friend and famous painter who participated in the training in the same period, in the Qiushi Pavilion. At this time, it was already in the evening, and the sunset and the powder were competing for beauty, and the red makeup was made of jade, which made people fascinated. As a result, we met and walked together, and gradually entered the depths of Taoyuan with the secluded path to explore it. Painters will always find creative inspiration inadvertently, which can even make people feel overwhelmed. "Sweet colors are planted from the sky, and it is not easy to meet in a thousand years", which is a poem by Xue Neng, a poet in the Tang Dynasty. In fact, whenever there is a natural scene that makes people shine at the moment, it is doomed that this is a karma, an epiphany, and a return to the Sect, all of which are amazing. Even a flower, a clump of grass, a cloud of smoke, or even a drop of dew is the call of all living things to human feelings. Poets and painters all talk about the realm of "wandering too empty", and the reason is to express feelings with things and send things with feelings. Lu Guimeng, a famous poet in the Tang Dynasty, chanted about Bailian: "No one can see the heartlessness and hatred, and the moonlight and the breeze are clear and want to fall", that is, to express the spirit for flowers and to endow the body with things. And when we see this charming, charming and fragrant peach blossom, we will also be associated with it and send something. At that time, Brother Mingbo was sitting on a stone, and his demeanor was quite calm. There was quite a solemn gesture of "being deep and inexhaustible, sitting on a stone and forgetting to return". If you look at flowers like you are right, you should be sincere in your ambition. Yuan Zhonglang once said, "It’s abrupt for a husband to admire flowers sometimes, but not sometimes." This is a reflection relative to humanistic philosophy. "Wen Xin Diao Long Looking for" said: "It is a place where poets feel things, and when they are not poor, they are lingering in Vientiane, and they ponder over hearing and hearing; Writing a picture of the gas, not only turns around with things; It is attached to the sound, and it also lingers with the heart. "After tossing and turning, Brother Ming Bo repeatedly said, "This scene is simply beautiful, and it can be presented in various ways, but it can be endlessly daydreamed." There is a little teasing in the words. However, I believe that in Brother Mingbo’s mind, such a lack of scenery will arouse his ambition, or he will resort to wonderful ink painting.

"Qiushi Pavilion" spirals about two kilometers to the south, not far from the west along the promenade. There is a pond near the rock gully, and there are ancient trees and peach blossoms on the shore that stretch out in the center of the pond, and the flowers are floating, which can show fish play. Tao Zongyi, a poet in the Ming Dynasty, wrote in his poem "Swimming with Flowers": "The flowers fall into rouge patches. When you come to play in the morning and swim in the fish, the rain and green waves are like practice. "This situation is as calm as water and comfortable.

However, when flowers bloom and fall, there are sometimes many feelings: life is like a dream, just like this rosy, gorgeous and enchanting peach blossom, which is full of vigor and vitality, and there are also "thin peach blossoms chasing the water". However, Zhao Mengfu, a poet and painter in the Yuan Dynasty, has no such carefree interest as still water and Zen, which makes him feel quite sad and helpless. There are both nostalgia and sighs in the poem. Such a cloud:

The dissolved green water is as thick as dye, and the wind sends the fallen flowers to spring.

Go back to the old pool hall with your head white and watch the fish swim in the white waves.

Most of this square pond is made of poetry, and it is well-intentioned because of the reason. When the grass grows and the warblers fly, the mountains are green and the waters are green, it is rare to have this kind of leisure, and I also use this sentence to fit the opportunity:

Half-tree demon’s peach shadow is dancing, and a pool of spring water is clear.

Idle red crimson carp is better than red carp, and many flowers bloom.

During the few days of training and study in the Party School, I will definitely come to this "golden tripod" to relax my mind, enjoy the blooming peach blossoms and breathe the fresh air of "tourists straying into Taoyuan Road", which can also be regarded as a release of meditation. It is a pleasure of life to hook up with historical masterpieces and chant the charm of poets. With peach blossom as the theme, the painting styles in the past dynasties include the simplicity of the Song and Yuan Dynasties, the brilliance of the Ming and Qing Dynasties, and the modernity. Only when you are idle in life can you get a taste of love. It is rare for people to have leisure, and it is even more rare to enjoy the spring in leisure. Invite sages to get together and make friends with books. In this training session, the literary and art circles were also gathered. In addition to Liu Mingbo, Dean of the Academy of Fine Arts of Shandong Normal University, the library also invited Guo Qiang, Chairman of the Qingdao Calligraphers Association, to visit and exchange, and left a precious Mo Bao. Of course, Duan Lin, the head of Tongyuan Design Institute (Group), was also invited to participate in the interaction. Spring breeze makes people laugh, and peach blossoms make people laugh. Being able to invite a kind of golden dome to sit on it, all of them are guests, and they are fascinated by the past and have a little seclusion. Naturally, this charming peach tree and peach blossom and the elegant affairs of the past are indispensable. A poem "Fei Peach Blossom" by Li Xianyong, a poet in the Tang Dynasty, is really reminiscent and inspiring. Listen to this: "Who is left by the boundless providence? I am deeply dyed with peaches to win the tour. If you are not drunk, you will remember when you wake up. If you want to open it, you will worry about falling. " Peach blossoms are charming, gorgeous, glamorous and burning, which makes people linger and yearn for them. Although Tao Yuanming’s "Peach Blossom Garden" is a virtual idea, its writing is unpretentious and delicate, and it is amazing to read it! Today’s trip to enjoy flowers in spring seems to have many feelings. Although there are poems that are popular but not published, paintings are popular but not achieved.But deep down, there are indescribable feelings and excitement.

Every day after dinner, I will make an appointment with several friends to read and write in the library and talk about life in order to send them away. The greatest happiness in life is to visit famous places and make friends. All literary talents are wise and romantic, and there will be conscience in karma. In the campus library, there is a quiet and optimistic female librarian in Wen Ya. Her name is Xu Qizhi. Although it sounds ordinary, it is also meaningful and upright. Every day, we visit the library to read the materials, check the history of the Party, and learn about it. She can take pains to serve with courtesy, or spread paper and grind ink, or wash pens and make tea, and she can be methodical and look around carefully. After a few days, we became the guest of honor. When it comes to writing with flowers, we know that she is a talented woman who is "modest and quiet, with soft shoulders and blooming flowers". First, I sent her several essays, such as her recent work "Apricot Tree in Grandma’s Family", in order to enlighten her. She even said, "In fact, I have written about Grandma, and my childhood memory really benefits me all my life. When I go back, I must read it carefully." Later, we couldn’t help talking about literature, such as the last scholar, the prodigy, Lu Xun, Hu Shi, Gu Hongming, Chen Yinque, Liang Shuming, etc., all of which were happy and talked about everything, which is self-evident. As long as it is about literature and history, we all talk sincerely enough, without exaggeration or ostentation, and we are excited. Some people say that "talking about literature is a comfort to each other", but I think there is nothing wrong with this statement.

Name: Spring scenery in Wuling

Author: Yun Shouping (Qing Dynasty)

In the library, Tianjiao is hidden, and the phoenix falls in the golden dome. Life in xu teacher is very simple, with two points and one line every day, and nothing else. This job was decided by her. As always, she will never give up. In fact, she is a real cultural scholar and a Zen practitioner. After my repeated requests, she presented me with the collection of essays "Amber in the Night" published many years ago. When I finished my study, I read it on the spur of the moment. I was inspired by the truth, the sincerity of people and the prosperity of flowers, and I felt a lot.

Let go of the spring and enjoy the flowers. Planting peach blossoms in the golden dome is more intriguing than understanding life in Peach Blossom Spring. Because, every time you enjoy the flowers, there will be poets in harmony, calligraphers in harmony, and painters in love. This spring, there are not only flowers as the media, but also Zhong Ling’s beautiful and imaginative "Zhong Jinding" and the "Peach Blossom Edge" that people encounter.(Text/Xiaoquan Du On the morning of April 6, 2023, I went to Xiayimei.com in Qianfo Mountain.)

Brief introduction of painter and calligrapher

Xiaoquan DuBorn in Linyi, Shandong Province in February 1972. Postgraduate degree, party member, Democratic Party of China Agriculture and Workers. He studied calligraphy and seal cutting in the Fine Arts Department of Nanjing Art Institute and aesthetics in the School of Philosophy of China Renmin University. Member of the 11th and 12th Shandong Provincial Political Consultative Conference, member of the Social Legal Committee of the Shandong Provincial Political Consultative Conference, and member of the Standing Committee of the 11th and 12th Shandong Youth Federation. Member of the seventh and eighth Shandong Provincial Committee of the Agricultural and Labour Party, deputy director of the Shandong Provincial Culture and Sports Working Committee of the Agricultural and Labour Party, and chairman of the Shandong Provincial Art Branch of the Agricultural and Labour Party. He is currently the vice president of the Central Painting and Calligraphy Institute of the Agricultural and Labour Party, the president of the Shandong Painting and Calligraphy Institute of the Agricultural and Labour Party, the director of the Shandong Artists Association and the member of the China Prose Society.

Published works:

In September, 2001, Wen Yuan Wan Xiang Xiao Quan Art Criticism Collection.

September, 2007, Exploration of Art, Collection of Studies on Xiaoquan’s Art Theory.

Xiaoquan Du’s Collection of Chinese Paintings, September 2007.

October 2008 "China Flower and Bird Painting Techniques Xiaoquan Du Freehand Plum Blossom"

June 2009 "Xiaoquan Du Freehand Orchid Course"

In August 2008, Xiaoquan Du’s Calligraphy Collection Lingu Juan.

In August 2012, Yi Yan Tian Xin Xiaoquan Du’s Collection of Poems, Calligraphy and Paintings, and Xiaoquan Du Volume, a Collection of Contemporary Famous Flower and Bird Paintings.

In October, 2015, The Collection of Paintings and Calligraphy of the 10th Anniversary of Xiaoquan Du Keji Chronicle.

In September 2017, "Taking the Ancient as an Apprentice and Xiaoquan Du’s Flower and Bird Painting Collection"

June 2019 "Xiaoquan Du’s Chinese Painting Sketch"