Should Derivative Work Without Authorization Be Protected?
A Kazakh?singer was accused of infringement by covering the work “Opera 2” of the Russian singer Vitas on a Chinese TV program during the Spring Festival.
The copyright owner is from Russia, but the event main body and site were in China. Nevertheless, performing others’ work without authorization constitutes infringement, this cannot arounse any controversy.
However, people have different views about whether the work, created by infringing others’ copyright, should be protected by the Copyright Law. Moreover, this is not explicitly stipulated in the Copyright Law of the People’s Republic of China.
In judicial practice, some believe that the Copyright Law shall protect the creation of a work even though it infringes the legitimate rights and interests of other works. Although there is the legal flaw in the creation of a work, it shall be protected by the law as long as it is with original creation as required and stipulated in the Copyright Law. Its own protection shall be separate from the infringement and they shall be considered as two independent legal relations respectively.
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HongFangLaw insights and publications for this month
13 Feb 2017
Reluctance to reveal evidence causing negative legal consequences
Nikita Xue, HongFangLaw, discusses the China Supreme People’s Court’s Sustention on trademark infringement by 3N against 3M with USD $53,000,000.00 monetary compensation. In fact, Minnesota Mining & Manufacturing Company, known as 3M, has finally announced an end to their civil lawsuit on March 2016 against a local Chinese company.
Follow the link attached for the whole article or see page 27~29 of February issue 2016 of Trademark Lawyer Magazine. here
