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Copyright Infringement Case --- Chen Lizhou and Wa
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1988.08.29
  COPYRIGHT INFRINGEMENT CASE--CHEN LIZHOU & WANG YAN VS. ZHUJIANG STUDIO  
                  COMPANY                  
                                       
Plaintiff: Chen Lizhou, Male, 34 years of age, Director, Zhujiang Studio
Company.                                   
                                       
Plaintiff: Wang Yan, female, 31 years of age, Actress, Performers' Troupe,
Zhujiang Studio Company.                           
                                       
Agent: Wang Xiaobing, Lawyer, Guangdong Foreign Economic Affairs Law Firm.  
                                       
Defendant: Zhujiang Studio Company.                     
                                       
Legal  representative: Sun Changcheng, General Manager, Zhujiang Studio
Company.                                   
                                       
Agent: Xu Kang, Deputy director, Production Department, Zhujiang Studio
Company.                                   
                                       
Defendant: Wang Jing, Male, 47 years of age, Deputy General Manager, Zhujiang
Studio Company.                               
                                       
Agent: Yu Deshui, director, Art Research Office, Zhujiang Studio Company.  
                                       
Agent: Cai Xiaoying, Lawyer, Guangzhou Foreign Economic Affairs Law Firm   
                                       
The plaintiff Chen Lizhou & Wang Yan brought a suit before the Quanzhou City
Intermediate People's Court on September 29, 1987 against the defendant Wang
Jing on the ground of infringement on the copyright of the plaintiffs
scenario Holiday of the Widow Village. Viewing on the fact that the
registered  permanent  resistance  of  the  defendant  is in Guangzhou
Municipality, the Quanzhou City Intermediate People's Court transferred the
case to the Guangzhou Municipality Intermediate People's Court in accordance
with the provisions of Article 20 of the Civil Procedure Law of the People's
Republic of China (for trial implementation). Upon accepting this case, the
Guangzhou Municipality Intermediate People's Court holds: Zhujiang Studio
Company shall be a party to the joint litigation but has not yet participated
in the proceeding. Therefore, the Zhujiang Studio Company is decided to be an
additional defendant in accordance with the provisions of Article 91 of the
Civil  Procedure Law (for trial implementation). The Court formed the
collegial panel according to the law, and by public hearings, ascertains:  
                                       
The plaintiff Chen Lizhou and Wang Yan Completed the literary scenarios
Holiday of the Widow Village and its scenarios in early 1987. In April 1987,
the Zhujiang Studio Company decided to adopt the scenario and to shoot a
film, with Chen Lizhou as director and paid 8,000 yuan author's remuneration
to Chen Lizhou and Wang Yan according to the regulations, Thus obtaining the
shooting right of the literary scenario. Early in August 1987 when the
production group were shooting the film in Quanzhou City, Fujian Province,
Chen Lizhou went into contradictions with the staff of the production group
and it was difficult to go on shooting, Zhujing Studio Company decided to
replace him by Wang Jing as director and the scenarists are still Chen Lizhou
and Wang Yan. After taking the office, Wang Jing wrote the scenarios.
Modifications and supplements are made to some plots, characters, time and
locations and scenes with respect to the scenarios and the film Holiday of
the Widow Village produced compared with the original work. However, the
theme, the major plots and the major character of the modified Holiday of the
Widow Village remain basically the same as compared to the original work.  
                                       
The plaintiff claims: many modifications are made in the scenarios written by
the defendant with respect to many major plots, details, dialogues and
personalities, ie, The description about the bird egg stone representing the
theme composition of the author (the bird egg stone is a large black stone on
the

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