Wu Zhuqing v. Tuan Jie Publishing House
File No. C070355
Case Name: Ms. Wu Zhuqing v. Tuan Jie Publishing House
Plaintiff: Wu Zhuqing ("Wu")
Defendants: Tuan Jie Publishing House ("TJ Publishing")
Cause(s) of Action: Copyright infringement
Remedy Requested: (i) injunction; (ii) issue a public apology on China Photography News; (iii) pay damages in the amount of RMB 2,000
Trial Court: Beijing No. 2 Intermediate People's Court
Disposition: The court ruled in favor of the plaintiff. It ordered TJ Publishing to: (i) stop publishing the infringing books; (ii) issue a statement on China Photography News declaring the author; (iii) pay damages in RMB 1,000; and (iv) pay the legal costs
Summary: Wu charged TJ Publishing of using a photograph taken by Wu's father in 1936 in its publications without recognizing the author or paying compensation. The court ruled in favor of Wu.
According to Copyright Law of China, with regard to photographic works, the term of protection shall be 50 years, expiring on the December 31 of the 50th year after the first publication of the work. The said photograph was first published in 1981; therefore the said work is still in a period of protection. Wu as the heir of the original author owned the copyright of the work. The court ruled TJ Publishing infringed Wu's right of reproduction and right of receiving remunerations.
However, the court rejected the charge of infringement over authorship right. Belonging to original authors, the authorship right was not owned by the inheritors. The court rejected Wu's request for public apologies. But given that TJ Publishing did not mark the author of the work, the court ordered it to issue a statement to protect the author's authorship right.
Case Name: Ms. Wu Zhuqing v. Tuan Jie Publishing House
Plaintiff: Wu Zhuqing ("Wu")
Defendants: Tuan Jie Publishing House ("TJ Publishing")
Cause(s) of Action: Copyright infringement
Remedy Requested: (i) injunction; (ii) issue a public apology on China Photography News; (iii) pay damages in the amount of RMB 2,000
Trial Court: Beijing No. 2 Intermediate People's Court
Disposition: The court ruled in favor of the plaintiff. It ordered TJ Publishing to: (i) stop publishing the infringing books; (ii) issue a statement on China Photography News declaring the author; (iii) pay damages in RMB 1,000; and (iv) pay the legal costs
Summary: Wu charged TJ Publishing of using a photograph taken by Wu's father in 1936 in its publications without recognizing the author or paying compensation. The court ruled in favor of Wu.
According to Copyright Law of China, with regard to photographic works, the term of protection shall be 50 years, expiring on the December 31 of the 50th year after the first publication of the work. The said photograph was first published in 1981; therefore the said work is still in a period of protection. Wu as the heir of the original author owned the copyright of the work. The court ruled TJ Publishing infringed Wu's right of reproduction and right of receiving remunerations.
However, the court rejected the charge of infringement over authorship right. Belonging to original authors, the authorship right was not owned by the inheritors. The court rejected Wu's request for public apologies. But given that TJ Publishing did not mark the author of the work, the court ordered it to issue a statement to protect the author's authorship right.
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