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As with most copyright cases on the market, the voices of the people who sue in court are so loud that they wait until the final judgment. But for the “Ghost Blowing Light” copyright case, we should not wait for it.

After all, “Ghost Blowing Light” is the real super IP in Chinese contemporary popular novels, and even does not need to add “one”. And the complicated copyright issues involved, the long tears between each other, the head entertainment, IP companies are involved. As one of the most representative cases of intellectual property in China, it has a jurisprudential significance for the entire IP industry. It also reminds us of the detour and the way forward from the birth of the IP concept.

The long-awaited “China Marvel” and even “China Disney” must be and can only be based on sound IP protection and unified IP planning and development.

The hard candy is a simple retrospective of the consequences:

In December 2005, the world’s singer began to publish the novel “Ghost Blowing Light” in Tianya Forum, and then transferred to the starting point of the Chinese network serialization, and finally completed the “Ghost Blowing Light” one or two volumes at the starting point.

In January 2007, Xuanzang Company, the operating company of the starting Chinese website, purchased “all rights except the legal rights of the authors” from the world singer.

In January 2017, the online drama “The Ghost Blowing of the Wilderness” used the “Ghost Blowing Light” logo in both publicity and feature films. Xuanzang believes that the act is suspected of infringing on its own unique name and interest in the well-known goods enjoyed by the “Ghost Blowing Lights”, and the three parties related to the play: iQiyi, the film industry, and the world’s tycoon.

In November 2017, the first trial of Xuzhou Intermediate People’s Court ruled that the three defendants stopped the infringement. Aiqiyi compensated Xuanzang for an economic loss of 1.5 million yuan, and the corresponding compensation for the 1.1 million yuan of the film industry and the world. The three defendants refused to accept the appeal and filed an appeal with the Jiangsu High Court.

In October 2019, the Jiangsu Provincial Higher People’s Court finalized the judgment to dismiss all appeals and maintain the first-instance judgment.

This means two things: First, “Ghost Blowing Light” has been recognized by law as “”The unique name of well-known goods”; Second, Xuanzang Company enjoys the interest of the unique name of the famous product of “Ghost Blowing Light”.

In the final analysis, one thing is: “Ghost blows the light” three words, don’t scream.

The word “ghost blows”, who can call?

The complicated “Ghost Blowing Light” copyright issue, the parties feel that they are suffering. In particular, looking through the civil judgments of the Jiangsu High Court, many of the details that were not disclosed in previous reports are thought-provoking.

In the “Ghost Blowing Light” copyright case, whether the “Ghost Blowing Light” logo constitutes a unique name for a well-known commodity is the focus of controversy, and it is also an important reason for the wide concern in the case.

After all, the easiest and most rude way to IP heat is the name. So many “three generations of life”, “tombs” and “predecessors” are waiting to see the results.

The world sings (the original name Zhang Muye, the following still uses the world sings) and the upward film industry believes that the trademark application for “Ghost Blowing Light” has been rejected by the trademark authority, on the grounds that “Ghost Blowing Light” has feudal superstition color. , used as a trademark is prone to adverse effects. Therefore, the word “ghost blows” does not constitute a unique name for a well-known commodity in the sense of the “Anti-Unfair Competition Law.”

In order to prove that the word “ghost blows” is not protected by law, it is also very hard to sacrifice “feudal superstition”.

But the court has another opinion.

The Xuzhou Intermediate People’s Court judged that the series of novels of “Ghost Blowing Light” constitute a well-known commodity, “Ghost Blowing Light” has distinctive features of different sources of goods, and the origin of the word “ghost blown light”, the author used in the creation The purpose of the term “ghost blown light”, the general cognition of the relevant public, whether the “ghost blown light” logo will have a negative impact on the public interest and public order, and finally determine “ghost blown light” as “ghost blown light” The name of the series of novels constitutes a unique name for a well-known commodity.

Jiangsu High Court’s judgment further emphasizes that the “Ghost Blowing Light” logo is not illegal. The names of its series of works have been reviewed and approved by the competent authorities such as copyright, broadcasting and television, and various aspects of the “Ghost Blowing Light” logo do not have Feudal superstition color.

Jiangsu Provincial Higher People’s Court Civil Judgment (2018)Su Minquan 130#

“The specific meaning of the logo as the name of the work and whether it has an adverse effect requires a comprehensive judgment based on the content of the work, which is fundamentally different from the judgment criteria for whether the trademark as a source of goods and services can be registered.” This recognition of the Jiangsu High Court also made the “Ghost Blowing Light” case the most intense controversy in the industry since the trial.

After the existence of the right to the word “ghost blows” is confirmed, it is naturally the issue of the attribution of rights. The world’s singer and the film industry advocated that even if the “ghost blown light” constitutes a unique name for a well-known commodity, the rights and interests should belong to the author’s world singer, not the net-text platform Fang Xuanyi.

In this regard, on the basis of supporting the judgment of the original trial, Jiangsu Higher People’s Court further clarified that Xuanzang and Zhang Muye had signed the “Agreement”, which would exclude the copyright of the “Ghost Blowing Light” series of works from the author’s rights. The transfer of all rights to Xuanzang Company is a true expression of the parties and does not violate the provisions of the Copyright Law and should be considered legal and valid;

In addition, the relevant provisions do not restrict the world’s singers from using their real names and pseudonyms to create works of the same type of suspense tombs and other subject matter, but only restricting them from using “ghost blowing lights” as the title of the work or the main chapter title, so The legislative purpose of encouraging copyright creation in violation of the Copyright Law.

The Jiangsu High Court ruled that “Zhang Muye authorized unauthorized use of the ‘Ghost Blowing Light XX’ as the name of the online drama involved, and it is easy for the relevant public to misunderstand that the online drama is related to the “Ghost Blowing Light” series of novels. Adapted from its actions, its behavior infringes on the relevant rights of Xuanzang Company to the unique names of the series of novels related to the “Ghost Blowing Lights”, which constitutes unfair competition.”

It is particularly noteworthy that the Jiangsu Higher Court has clearly defined the long-term sales, use, promotion and promotion of commodities by the operators, making them a contribution to well-known commodities. In addition to the creators, the rights of the operators to well-known commodities are also protected by law.

The result of the creative act is the creation of copyright, but because of the difference in the way in which the copyright and the unique name of the well-known commodity are produced, the creative act itself does not produce the unique name and interest of the well-known commodity,” the judgement wrote.

Hard Sugar uses its own basic legal knowledge and richnessThe translation of the cultural industry knowledge: the author can create excellent novels, but the Internet communication, commercial operation, and the development of the entire chain can make the “work” become a “well-known commodity”, which is what we usually call “IP.”

At this point, the “Ghost Blowing Light” case not only makes a useful exploration of the identification and protection of IP as a unique name for well-known commodities, but also for the first time, the author and the commercial platform have clearly defined the boundaries of the rights of novels and IP.

The birth, detour and front of an IP

While going back to the creation, serialization, popularity, and derivative process of “Ghost Blowing Light”, we can understand this more clearly. I also understand why the entertainment industry insists on using the word “IP” instead of “web” and “fiction.” It’s really not that everyone is addicted to making new words and gimmicks. Instead of using such a new word, there is no such thing as a new species.

Writers can’t use the name of their own work, which is really unimaginable in the traditional era. But in today’s content industry framework, whether it is legal or commercial, it is quite reasonable.

Student who has learned a little history of Chinese literature, is sure to be familiar with one sentence: “China’s first novel created by literati independently”, which distinguishes it from the folk collective creation of words and comments. As a market-oriented product of the Internet era, IP has in some ways returned to the path of “collective creation.”

Ghost Blowing Light, as one of the earliest online novels, reflects the characteristics of this turning age. Perhaps because of this, the two sides have such a big controversy.

In December 2005, the world’s singer began to create the novel “Ghost Blowing Lights” and published it in the Tianya community in a tone similar to documentary literature. At that time, the horror, suspense, and mystery novels in the lotus ghosts almost all followed this route as if they were personally experienced. But at that time, there was no reading fee model, and the support was the biggest encouragement that readers could give.

The Lotus Ghosts of the Year

Maybe for this reason, many suspense reasoning writers started their careers in the lotus, and they generally chose to leave after the work became popular. After the publication of Chapter 52 in Tianya Forum, the world’s singer turned to the remaining chapters of “Ghost Blowing Light” and the entire chapter of “Ghost Blowing Light II” at the starting point Chinese website. “Ghost Blowing Light” officially entered the business model of online literature.

At the beginning, Ghost Blowing has gained more momentum and broader user coverage. Of course, tooWith the complaints of the world’s singers in the future: the network day brings more pressure on the creation and content quality.

It can be confirmed that both parties have had a honeymoon period. At that time, the starting point of the Chinese network organized a series of promotional activities. Putting it today is also a treatment that is only possible to push the work. In 2006, Xuanzang Company authorized the publication of the “Ghost Blowing Light” physical book, which is divided into four volumes, which is the familiar “Ghost Blowing Lights of the Ancient City”, “Ghost Blowing Lights of the Dragon Caves”, “Ghost Blowing Lights of Yunnan Pests” Valley” “Kunlun Shrine of Ghost Blowing Lights”. In 2007, Xuanzang Company authorized the publication of the “Ghost Blowing Light II” physical book and published several versions of “Ghost Blowing Light” comics.

On January 18, 2007, Xuanzang Company signed an “Agreement” with the world’s singer, stipulating that the world’s singer will transfer all the rights of “Ghost Blowing Light” except the legal rights exclusive to the author to Xuan Zang Company (including But not limited to information network communication rights and works adaptation rights, etc.). Xuanzang Company paid a transfer fee of RMB 100,000 to the world.

This is what we are familiar with, the story of “Ghost Blowing Light” copyright sold in the early years with 100,000 yuan. However, Hard Candy Jun found that it was not all the facts by reading the judgment.

On the same day that the above-mentioned “Agreement” was signed, the two parties signed an agreement again. It was agreed to temporarily naming the new book of “Kuixing Kicking”, and transferred the right of 1.5 million yuan before the transfer of taxes to Xuanzang. If the work sells film and television rights, the world’s singer will receive 40% of the remuneration. In October of the same year, Xuanzang Company and the world singer signed a “Supplemental Confirmation”, confirming that “Ghost Blowing Light II” is the original agreement “Kuixing Kicking”.

In other words, the copyright transfer fee for “Ghost Blowing Light II” is 1.5 million yuan, and the income from film and television adaptation is calculated separately. The author is divided into 40%. In 2007, when IP has not yet started, it is not a small amount of money.

Reviewed representative works on the official website

As determined by the Jiangsu High Court, the starting point (Xuan Zang) played a vital role in the process of “Ghost Blowing Light” growing from a promising literary work to a well-known commodity. However, as “Ghost Blowing Lights” moved to a broader stage and drew greater commercial interests, the contradictions and disputes between the two sides also expanded and eventually parted ways.

In May 2008, “Ghost Blowing Light II” was completed at the beginning. In September 2009, the world’s singer began to publish “The Pastoral Anecdote” in the Southern Metropolis Daily. In May 2015, the world’s singer was introduced by friends and introduced young people.