Translation:2004 Min San Ta Zi No. 5

From Wikisource
Jump to navigation Jump to search
Letter of the Supreme People's Court concerning the reply to the "Report on the Request for Infringement of Copyright Disputes between Shandong Tianyi Advertising Co., Ltd. and Qingdao Hisense Communications Co., Ltd." of the Shandong Provincial Higher People's Court  (2004) 
the Supreme People's Court of China, translated from Chinese by WQL and  Wikisource








August 24, 2004

Shandong Provincial Higher People's Court,

Your Request Report on the Case of Infringement of Copyright Disputes between Shandong Tianhao Advertising Co., Ltd. and Qingdao Hisense Communication Co., Ltd. ([2003] Lu Min San Zhong Zi No. 68) was received. After researching and soliciting the opinions of the National Copyright Administration, the answers to the relevant legal issues involved in your request report are as follows:

According to the provisions of Article 22 of the Copyright Law of the People's Republic of China, "copying, drawing, photographing, or video recording of an artistic work located or on display in an outdoor public place … may be exploited without the permission from, and without payment of remuneration to, the copyright owner, provided that the name of the author and the title of the work are mentioned and the other rights enjoyed by the copyright owner by virtue of this Law are not infringed upon". The behavior of Qingdao Hisense Communication Co., Ltd. shooting the sculpture The Wind of May belongs to the scope of reasonable use of the works as stipulated in the above-mentioned provisions of the Copyright Law.

According to Article 18 of The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Civil Disputes over Copyright, which makes judicial interpretations on the provisions of Article 22, Item 10 of the Copyright Law, that copying, painting, photography, and video recording of works of art such as sculptures, paintings, and calligraphy that are set up or displayed in public places of public activities in outdoor communities, it may be used in a reasonable approach and scope for its results and does not constitute infringement. Here, for 'reasonable approach and scope', the 'approach and scope' for profit purposes should be included. This is the original intention of formulating the Judicial Interpretation. This provision of judicial interpretation is in conformity with the basic spirit of fair use as stipulated by the Berne Convention, and it is also in line with the legislation of most countries in the world. According to the provisions of the above judicial interpretation, the judgment of the judicial committee of your court is correct in handling the tendency of the case.

Copyright.svg PD-icon.svg This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

This work is in the public domain because it is exempted by Article 5 of Chinese copyright law. This exempts all Chinese government and judicial documents, and their official translations, from copyright. It also exempts simple factual information, and calendars, numerical tables, and other forms of general use and formulas.


This work is available under the Creative Commons CC0 1.0 Universal Public Domain Dedication.

The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law. You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission.