The China Federation of Literary and Art Circles Publishing Corporation has to publicly apologize and pay 8,400 yuan (US$1,020) to well-known scholar and writer Yu Qiuyu for copyright infringement, the People's Court of Beijing's Chaoyang District ruled yesterday.
The corporation did not get Yu's permission to publish eight of his articles, comprising about 24,000 Chinese characters, in a book called "About Yu Qiuyu." Other authors also contributed to the book.
In addition to the apology and compensation, the court ordered the corporation to immediately stop publishing the book.
A motion from Yu to remove all copies at Xinhua bookstores around the country was denied by the court.
Both sides said they are satisfied with the final judgment and will not appeal to a higher court, although Yu asked for compensation of 200,000 yuan (US$24,160).
Chief Judge Lin Ziying told China Daily the compensation is a fixed amount according to copyright law on the basis of the degree, area and consequence of the copyright invasion.
She said Yu's compensation request lacked relevant legal proof.
Yesterday was Yu's first victory in his campaign to fight against alleged infringements of right of fame, copyright and piracy, according to Jin Kelin, the writer's assistant.
Lin said the corporation did not ask Yu's permission or pay him a fee for his articles.
More than 3,100 copies of the book were published in January 2000.
Deng Zhuang, the office director of the publishing corporation, admitted the copyright infringement in court but insisted his company had asked a reporter in Shanghai to pay Yu.
The reporter said he never received any money from the corporation.
Deng could not provide any proof about the money or recall the amount of money he claims was paid.
The corporation has paid contribution fees to most of the 91 writers involved in the book, according to Deng.
Yu claims there were more than a few thousand books printed.
Yu has said in the past he believes there were hundreds of thousands of the books sold throughout China.
Deng said although his company has discovered many pirated copies on the market, it need not bear responsibility for the fakes.
Yu also claimed that the book threatened his reputation, due to the way it was marketed to the public.
But Yu's lawyer, Xiao Jinbiao, said they will not bring another action against the corporation for an invasion of Yu's right to reputation.
Last month, Yu brought a suit against Gu Yuanqing, a professor in Wuhan in Central China's Hubei Province, over an invasion of fame right.
Xiao said Yu is also ready to sue a publishing house in Southwest China's Sichuan Province for copyright invasion, in a matter similar to yesterday's case.
According to Xiao, Yu is using the court to guarantee his legal rights and clean up the cultural environment.
(China Daily September 12, 2002)
