18, in the morning the west city court Liang Xin ba ballet “the red detachment” copyright infringement case. After the trial, Liang Xin lawyer said to accept the court mediation, the ba says he has no infringement, do not accept mediation, waiting for the court.
Liang Xin demanded an apology for
yesterday, Liang Xin and ba both represented by lawyers in court. Liang Xin said in the lawsuit in 1964, the central ballet will screenplay adaptation for the “red detachment” ballet. After promulgation and enforcement of copyright law in 1991, ba in the beam and the two sides signed an agreement in 1993. Protocol called Liang Xin enjoy film copyright; Ba has be given & other; According to the Liang Xin movie script adaptation throughout & literature; The signature of the duty. RMB 5000 in ba paid to Liang Xin as & other Work performance & throughout; Payment to the author. According to copyright law when signing a contract, the contract deadline is not more than 10 years, Liang Xin think contract is failed in 2003. Ba stop the infringement, to the public in Liang Xin request ordered to apologize, and compensate for the losses of 550000 yuan to 50000 yuan (including attorney’s fees).
however, trial, ba the attorney said, as early as 1964 years she adapted ballet “the red detachment”, already enjoy rights and which, later signed an agreement in order to respect Liang Xin, one-time payment of 5000 yuan. & other; We think it is permanent, not the so-called 10 years service life. Throughout the &; Liang Xin ba fang said in 2004 also sent a letter to her, congratulations to the ballet “the red detachment and & other; Moon and the happiness & throughout; , & other; Agreement expires at that time, Liang Xin also didn’t disagree, because he knew of the book has no rights to be available. Throughout the &;
Liang Xin party retort that express agreement is licensing within a time limit. To prove this point, Liang Xin party took out the letters written to Liang Xin Li Chengxiang, mentioned in the letter, Li Chengxiang examined the copyright law, think the way one-time pay during the ten years period is better, ten years after the expiration of the contract. Throughout the &;
ba said in “red” performance loss
trial, ba fang said if they don’t play in the ballet “the red detachment”, people may have forgotten, “red” series, and even forget Liang Xin. & other; Her performance in the Liang Xin became the biggest beneficiaries. Throughout the &; Ba said. & other; And ba in order to show this in the loss of more than 1000. Throughout the &; The Liang Xin lawyer said, & other; According to the performance to calculate the lowest fares and attendance half session in ba performance income at least 5 million yuan, how could a loss. Throughout the &;
in court, the judge asked if both sides are willing to accept mediation. Liang Xin lawyers said, mediation is the basis of & other; To licensing contracts, negotiating new remuneration standard & throughout; ; But she made it clear that he hadn’t infringement, do not agree to mediation, waiting for the court. The court did not do.