Home Categories documentary report Declassifying the Big China Case 2006

Chapter 20 Chapter Seven: The Lawsuit Behind the Writer Lu Yao

On October 19, 2006, the reporter met Lu Mingming, the daughter of the famous writer Lu Yao. Through Lu Mingming's affectionate narration, for the first time, the inside story of the three-year-long "Lu Yao's Daughter Suing the Birth Mother" was revealed.What is amazing is that behind this turbulent copyright lawsuit, there is a daughter expressing her affection for her father in the simplest way. After three years of arduous litigation, Lu Mingming finally lost the copyright lawsuit. On September 6, 2006, the Beijing Higher People's Court rejected her claim as a final appeal.In the past three years, reports on Lu Yao's copyright lawsuit all said that Lu Mingming believed that her mother had signed an inheritance agreement and had no right to dispose of her father's inheritance on her behalf, so she pushed her biological mother Linda and the two publishing houses to He went to the dock and demanded that the publishing contract of "The Complete Works of Lu Yao" be terminated.This case has been going on for 3 years. People pay attention to this lawsuit. In fact, they pay more attention to the background of the case, how Lu Mingming can sue her biological mother for Lu Yao's inheritance.

Many people have overlooked the purpose of Lu Mingming's copyright lawsuit. To be precise, Lu Mingming's lawsuit is "to realize his father's unfulfilled wish during his lifetime and to allow Lu Yao's works to be published and distributed in a reasonable and orderly manner." Before telling the story caused by the copyright lawsuit, I must first express my respect to Mr. Lu Yao.Twenty years ago, I was a rural child who had just entered high school. At that time, there were few good literary works in rural areas. I did everything possible to get an expired literary periodical that had lost its cover. The head of that magazine The titled article is Mr. Lu Yao's masterpiece, and it was like a treasure immediately. This magazine was passed around among my classmates, but in the end it disappeared.But I clearly remember that at that time, I secretly compared myself to Gao Jialin, the protagonist in the novel, and equated Liu Qiaozhen and Huang Yaping with the female classmates in my mind.Moreover, this work directly gave birth to my first ignorant love in the country, and my yearning for city life, and led me to the road of literature.It is safe to say that this novel influenced my teenage years more than any other work of literature.Of course, as well as Mr. Lu Yao's other works, they have also influenced one generation or even several generations to varying degrees.After that, of course, I watched "The Ordinary World" more than once. During the material preparation stage before the interview with Lu Mingming, I just saw a group of pictures of a college student in Anhui taking his mother suffering from cancer to school. The book I read to my mother is "The Ordinary World" by Mr. Lu Yao.These scenes are shocking, but also reasonable.In China, there are many rural children who are full of dreams for the city, and "Ordinary World" is the best inspirational book for them.

Let's start with the history of Lu Yao's copyright lawsuit. Ladu love is deep, writer Lu Yao loves his daughter more than himself Lu Yao is a writer who writes with heart and soul, which is rare among contemporary writers.In the end, he became sick from overwork and died young because of his creation. The introduction about Lu Yao is usually like this: Lu Yao, a native of Qingjian County, Shaanxi Province, was born in a poor peasant family in the mountainous area of ​​northern Shaanxi in 1949. When he was 7 years old, he was adopted to his uncle in the countryside of Yanchuan County because of family difficulties.After the beginning of the Cultural Revolution, it was affected until the end of 1969 before returning home to farm.During this time, he did many temporary jobs and taught in a rural primary school for a year. In 1973, he entered the Chinese Department of Yan'an University to study, during which time he began to create literature.After graduating from university, he served as the editor of "Shaanxi Literature and Art" (now "Yanhe"). In 1992, he became ill from overwork and died young. In 1980, Lu Yao published "A Thrilling Scene", which won the first National Excellent Novella Award, and "In Difficult Days" also won awards one after another. In 1991, he completed the novel "The Ordinary World" and won the third Mao Dun Literature Award. After his work was adapted into a movie, it caused a huge sensation.As written in the article "Mourning Lu Yao": "The way to calculate success is to endure hardship and suffering. He worked hard, wrote desperately, and paid himself in a self-torture style. On the arduous and lonely road of literary creation, he did his best and sweated all the way. Climb to the top".The persistent pursuit of life, love for his beloved hometown, and confidence in his realistic writing techniques constitute the basic characteristics of Lu Yao's novels.

Lu Yao was born in the countryside, and his writing materials basically come from rural life. He always believes that he is "a son of peasant blood" and "a person with both rural and urban flavors". He firmly believes that "the greatest happiness in life is Maybe it's in the creative process, not in the result."Therefore, he believes that "only in the extremely heavy labor, people can live a more fulfilling life."He always feels life with the deeply entangled hometown complex and the heaviness of life, and takes the land of northern Shaanxi as an eternal poetic symbol floating in his heart. Whenever his creation enters a trough, he goes to Shaanxi alone The Mu Us Desert in his hometown in the north, where he examines himself and the society.

After winning the award and being adapted into a successful film, Lu Yao did not indulge in flowers and applause, but thought deeply about some issues. He wanted to surpass this height and complete a panoramic reflection when he was 40 years old. Works about the great changes in urban and rural social life in China in the past 40 years. "The Ordinary World" consists of three parts and six volumes, thick and grand, leaving an epic artistic picture scroll for the transformation period of China's contemporary era of breaking away from the ultra-left shackles and starting the reform and opening up.There are nearly a hundred characters in the work, from job hunters to provincial Party committee secretaries. These characters vividly express the changes in people's thinking during that period.The novel "The River of Character Movement" focuses on the two brothers Sun Shaoan and Sun Shaoping, expressing the difficult struggle experience of a generation of young farmers, while the grand background of the characters' activities is the various policies and people's mentality of the entire society in the early days of reform and opening up.

Sun Shaoping's life embodies the brilliant meaning of ordinary life, and he has experienced a magnificent life course.The main thread that runs through his thoughts is unremitting struggle and perseverance. No matter what kind of setbacks he faces, he can accept them calmly and is full of hope for life.Sun Shaoping's experience of silently enduring and struggling alone in various harsh environments is the charming charm of this work. Lu Yao's ordinary life has built a brilliant world, and all his works are included in five volumes. After completing "The Ordinary World", Lu Yao wrote a famous creative essay for the "Girlfriend" magazine due to illness. This is the creative essay of "The Ordinary World". A comprehensive summary of thoughts and literary views allows us to penetrate his works and enter his inner world, from which we can see his dedication to literature and the hardships of creation, and let us see the difficult journey after flowers and applause. road.

In the novel, Lu Yao repeatedly mentioned some texts about his daughter Lu Mingming.The first time Lu Mingming was mentioned was when Lu Yao started writing in the Chenjiashan Coal Mine after three years of preparation. After writing from autumn to winter, after experiencing the initial extremely painful torment of entering the writing stage, " ...Because New Year's Day is just around the corner. On that day when the old and the new change, for the sake of my dear daughter, I have to rush back. In fact, this is the only reason...Thinking of seeing my dear daughter soon, my legs feel a little hairy soft."

The second time I mentioned Lu Mingming was when Lu Yao moved to Yulin Hotel and started writing the third part of "The Ordinary World". I feel a deep sense of guilt as a father and not being able to be by my child's side on what should be a day when loved ones are reunited." "In the silence, I stared blankly at the two photos of my daughter standing on the pile of materials on the desktop, tears could not help swirling in my eyes, and I was muttering to her, begging for her understanding. Yes , child, I love you deeply, more than I love myself. The reason why I work so hard is also to a large extent for you. I want you to be proud of your father. I can't tell more I spend more time with you. Even when I am at home, I rarely have the opportunity to talk or play with you. When you are awake, I fall asleep; and when I work at night, you fall asleep again. But , you may not know, I often stand in front of your bed for a long time in the middle of the night, look at your little face with the moonlight outside the window, and kiss your feet lightly countless times. Now, for you It is very sad for me to be far away from you during the most joyous festival. However, when you grow up, you may understand why Dad did this. There is no way, Dad has to bear some inescapable responsibility, which is indeed for Deeper love to you...During these long years of travelling, I often carried two photos of my daughter with me. Whenever I went to a place, I would first take these two photos before arranging various materials in the workshop. Take out this picture and put it in the most prominent place so that I can see her when I look up. Even if I stop writing for a minute or two, my eyes will fall on these two pictures. These are all her pictures Two of my favorites. One of her standing on a chair smiling happily and shyly, holding her doll in her arms. The other was taken at a stall in Qianling, where I held her and rode on a peak On a big camel dressed in colorful colors. There was a vague sound of firecrackers in the distance. I wiped away the tears on my face with the palm of my hand, and started to pick up the pen as usual. I felt the blood surging all over my body, and I felt a sense of life. Tragic. I want to use the most serious attitude to carry out this day's work, and use my blood and sweat to dedicate it to my dear daughter in the distance."

The last time I mentioned my daughter was when I spent the Spring Festival with my daughter, "I am very fortunate that I can catch up with my daughter to celebrate the Spring Festival together. This will be a fulfilling Spring Festival." Of course, Lu Mingming has read these more than once Paragraphs, these words have been deeply engraved in her memory.When interviewed by reporters, what Lu Mingming carried with him was the pamphlet. This thin book was published more than 10 years ago. The pages have turned yellow and become brittle, and it has obviously been turned over many times.The cover of the book is covered with a book cover. It seems that Lu Mingming cherishes this book very much.

When Mr. Lu Yao passed away, Lu Mingming was only 13 years old. Of course, his understanding of fatherly love was not as deep as it is now.Mr. Lu Yao often mentioned "Yuanyuan (Lu Mingming's nickname) is my God, and my daughter is a child with a strong character." This is a sentence that has touched many people's hearts.For the father's deep feelings for his daughter as God, Lu Mingming's feeling after growing up is beyond words.A father who has such broad and deep love for his children makes Lu Mingming feel infinitely happy, but it is a pity that this kind of fatherly love is too short, so short that he can only enjoy this kind of happiness by relying on memories.For her father, Lu Mingming's impression is that he has a generous and humorous personality.There are many great writers, and as a daughter, Lu Mingming thinks her father, Lu Yao, is the best.

Lu Yao once wrote in an article that he "turned into a four-legged horse or dog on the floor of the bed, and let the children ride in circles." For this happy memory, Lu Mingming cherishes it very much and regrets it. It's because the time she spends with her father is always so short.In a year, Dad and Lu Mingming spend only one or two months together.In the rest of the time, apart from hiding in a remote place to write, Mr. Lu Yao just went to attend meetings of one kind or another.So this kind of family happiness can make Lu Mingming feel his father's love for a short time.Although this is a very common and ordinary fatherly love, after years of precipitation, it has become Lu Mingming's spiritual wealth. To commemorate Lu Yao, the daughter must remember her father in her own way On November 17, 1992, writer Lu Yao left this extraordinary world.That was the year that Lu Mingming followed her mother Linda to Beijing. Next we have to mention Lu Yao's wife, Ms. Linda.In many written records about Mr. Lu Yao, his wife, Ms. Lin Da, is rarely mentioned, but no matter whether Lu Yao was in an extremely difficult environment, or after winning the Mao Dun Literature Award, Ms. Lin Da silently Standing behind him, staring at her husband affectionately.According to Lu Mingming's introduction, Ms. Lin Da, who is quite talented in literature, was an educated youth from Beijing who went to Yan'an back then. When she joined the team in Yan'an, she met Lu Yao and fell in love with him.After Lu Yao was admitted to Yan'an University, most of his financial resources were funded by Lin Da. Lin Da's family in Beijing was in a good situation, and he helped Lu Yao a lot financially. Even Lu Yao's quilts and mattresses at school were not Linda prepared it for Lu Yao.It is precisely because of Linda that Lu Yao can study and create literature at Yan'an University with peace of mind.After graduating from Yan'an University, Lu Yao served as the editor of "Shaanxi Literature and Art" and went to work in Xi'an. Lin Da also worked as an editor in Xi'an Film Studio. After Lu Yao and Lin Da gave birth to their daughter Lu Mingming in 1979, Lu Yao burst out with creativity. In 1980, Lu Yao published "A Thrilling Scene" and won the first National Excellent Novella Award.Later, when Lu Yao was creating "The Ordinary World" and other works, he left Xi'an for a long time to collect and create in other places, and Linda supported all the burdens of the family.Until Lu Yao's death, Lin Da often asked someone to send money to Lu Yao's adoptive mother in Yan'an. After the Cultural Revolution, a large number of educated youths who jumped in the queue returned to the city one after another, and the educated youths who got married in the local area also began to return to the city in various ways.For the future of their children, in the late 1980s and early 1990s, Lu Yao and Lin Da also worked hard for this. After many mediations, Lin Da and Lu Mingming moved their household registration to Beijing in 1992, that is, this year, Mr. Lu Yao passed away. After Mr. Lu Yao left, Linda married a professor.Lu Mingming also began to study in Beijing until she was admitted to a university in Beijing to study graphic design after graduating from high school.The reason why Lu Mingming chose to study this major, which is mainly book binding, is largely because his father Lu Yao is a respected writer. Objectively speaking, although I am full of love for my father and know that my father is a famous writer all over the world, what really touched Lu Mingming was the unveiling of a bronze statue of Lu Yao held by Yan'an University 10 years after Lu Yao passed away. ceremony. Lu Yao graduated from the Chinese Department of Yanda University. Because of his outstanding contribution to the Chinese literary world, he is regarded as the pride of his alma mater by teachers and students of Yanda University.Yan'an University cast a 60-centimeter-high bronze statue of Lu Yao's upper body in front of the library to commemorate Lu Yao and inspire the teachers and students of the school to forge ahead. On April 6, 2002, as Lu Yao's beloved daughter, Lu Mingming was invited to Yan'an University to participate in the unveiling ceremony of Lu Yao's statue. Lu Mingming returned to Yan'an to pay homage to her father for the first time in more than ten years. She was warmly welcomed by teachers and students of Yan'an University.Leaders of the Chinese Writers Association, Chen Zhongshi, chairman of the Shaanxi Writers Association, and celebrities from all over the country attended the unveiling ceremony, and bowed and laid flowers in front of Lu Yao's tomb.At the unveiling ceremony, Zhang Qie, the former vice chairman of the China Federation of Literary and Art Circles who always regarded Lu Mingming as his daughter, was very happy to see her. He held Lu Mingming's hand tightly and said, "Lu Yao is my brother in life. On the road of literature, he is my elder brother. I have been taking good care of his daughter, and she is now an adult, I hope Lu Yao can rest assured." At the unveiling ceremony, many famous writers and college students conveyed their respect to Mr. Lu Yao to Lu Mingming.Lu Mingming, who has grown up, understands that they are actually respecting his father's lifelong literary career in another way.Then, as Lu Yao’s daughter, and I am majoring in graphic design, my best repayment for my father’s love is to personally design my father’s works and convey them to readers in a better way. With this idea in mind, Lu Mingming returned to Beijing and began to pay attention to collecting Lu Yao's works published by various publishing houses.Lu Mingming found that due to the age and technology, there are dozens of publishing houses publishing Lu Yao’s works, and many of them have exceeded the period of exclusive publishing rights, but they are still selling Lu Yao’s works. At that time, my country had not signed publishing contracts strictly in accordance with the Copyright Law, and some publishing houses had exclusive publishing rights longer than the usual 5 years, and some even lasted 10 years or even longer.Especially Lu Yao's works published in the early stage, most of them have problems such as rough design and printing to varying degrees.Because Lu Yao's works have a large number of readers and buyers, especially "The Ordinary World", which has not only been published by many regular publishing houses, but also has appeared in many different versions of pirated books.After consulting experts on copyright, Lu Mingming decided to regulate the disorderly publishing of Lu Yao's works in the past, in memory of his father. After Lu Yao's death, Lin Da and Lu Mingming, as Lu Yao's wife and daughter, have legal inheritance rights to Lu Yao's estate, and the mother and daughter jointly enjoy the property rights in the copyright of Lu Yao's works.When Lu Mingming was under the age of 18 and did not have full capacity for civil conduct, Lin Da, as Lu Mingming's legal guardian and co-owner of rights, signed a "Book Publishing Contract" with relevant publishing houses to publish Lu Yao's works, This includes the publishing contract of "The Complete Works of Lu Yao" signed with Taibai Literature and Art Publishing House in June 1997.The remuneration is 30 yuan per thousand words, and the contract is valid for 10 years. It was the publication of "The Complete Works of Lu Yao" that triggered the subsequent copyright lawsuit. The publication of "The Complete Works of Lu Yao" cannot fail to mention Shaanxi writer Zhu Hong.At that time, Zhu Hong was the editor of Shaanxi Taibai Literature and Art Publishing House, because Lu Yao had helped Zhu Hong when Zhu Hong was assigned after graduation, for which Zhu Hong was grateful.After Lu Yao passed away, Zhu Hong always wanted to use a unique way to commemorate Lu Yao. Later, Zhu Hong came up with the idea of ​​publishing "The Complete Works of Lu Yao". After agreeing, Zhu Hong and literary critic Li Guoping worked hard for more than a year to obtain Lu Yao's works and letters scattered all over the country, and finally edited and completed "The Complete Works of Lu Yao".However, after the editing of the manuscript was completed, the publication of "The Complete Works of Lu Yao" ran into trouble. Due to market factors, the publishing house was worried about losing money, so the publishing plan was delayed again and again, and even reached the verge of abortion. At the beginning of 1999, when Ms. Yang Bin, the editor of Guangzhou Publishing House, learned about the situation of this set of books, this insightful and courageous editor immediately contacted Zhu Hong. After discussions between the two publishing houses, on April 16, 1999 On the 1st, Taibai Literature and Art Publishing House and Guangzhou Publishing House reached an agreement to jointly publish "The Complete Works of Lu Yao".This new contract reconfirms that the remuneration standard is 40 yuan per thousand words, and the agreement is valid for 10 years.The two publishing houses jointly published "The Complete Works of Lu Yao", which also obtained Linda's written consent.In terms of the date of the publishing house, Linda made a special agreement, "I agree that Guangzhou Publishing House will strive to publish the complete works at a high quality level before October 31, 1999, and ensure that it will be published before December 31, 1999." In 1999, Lu Mingming was already 18 years old, and when the publishing contract was signed, the publishing house only signed the publishing contract with Linda.This was the main cause of copyright disputes later. The two went to court to fight for copyright only for the orderly publication of Lu Yao's works Selecting a domestic authoritative publishing organization to better publish Lu Yao's works has become one of Lu Mingming's most important tasks after she became an adult.After coordinating the relationship between various publishing houses publishing Lu Yao's works, Lu Mingming began to negotiate with Guangzhou Publishing House and Taibai Literature and Art Publishing House, which published "The Complete Works of Lu Yao". Since Lu Yao's estate was jointly inherited by his wife Lin Da and daughter Lu Mingming after Lu Yao's death, and Ms. Lin Da had remarried at this time, and Lu Mingming had grown up. , Linda and Lu Mingming signed an "Inheritance Inheritance Agreement". The two parties reached an agreement on the inheritance of the copyrights of all Lu Yao's works during his lifetime, and Lu Mingming would inherit all the rights to Lu Yao's works. After obtaining the copyright of all his father's works, Lu Mingming, as the complete copyright owner, took up legal weapons to protect the copyright rights of Lu Yao's works. On April 13, 2003, Lu Mingming wrote a letter to the president of Guangzhou Publishing House, which published "The Complete Works of Lu Yao", after repeated telephone negotiations with Guangzhou Publishing House failed. Lu Mingming wrote in the letter: : I carefully read the publishing contract signed between your company and Shaanxi Taibai Literature and Art Publishing House and my mother on the publication of "The Complete Works of Lu Yao" and related attachments. After comparing the terms of the contract with your company's performance of the contract, I found that your company There are some breaches of contract.Therefore, I formally submit a request to your company to terminate the contract, and please reply in writing.The facts of your company’s breach of contract are as follows: First, the publishing and sales method of "The Complete Works of Lu Yao" is inappropriate. It was much later than the time limit specified in the contract; the third is that the three related agreements on publishing "The Complete Works of Lu Yao" signed in 1999 were signed without my consent. The agreement is considered invalid; Fourth, after your company reprinted "The Complete Works of Lu Yao" in 2002, it has not sent a sample book so far, and contacted the responsible editor through long-distance calls many times, but there is still no result. After receiving Lu Mingming's letter, Ms. Yang Bin, the responsible editor of "The Complete Works of Lu Yao", gave Lu Mingming a written reply on August 13, 2003: First, it was your mother who signed the contract with Taibai Literature and Art Publishing House and our agency at that time, and you also mentioned that your mother authorized you to handle it at the beginning of this year, so the previous contract should be valid; second, although the 1999 Copyright Law canceled 10 The maximum term of one year (the term of exclusive publishing rights), which shows that all terms of further marketization can be high or low. At that time, it was very normal to set 10 years, and most publishing houses did this; the third is about the remuneration of 40 yuan/thousand words. It is not low for the second publication; Fourth, although the packaging color of our first printing is not very bright, there are no quality problems in paper and binding, and we have changed the cover according to market demand; Fifth, about the publication time, Because of market risks and the fact that there are still many errors and omissions in the film that Taibai Literature and Art Publishing gave us, we proofread it twice before printing it. In addition, because I take care of my family, I only started publishing the complete works in April 2000. , but it is still launched before the book market, not deliberately delaying; six is ​​that the sample booklet has been mailed; seven is that the question you raised is untenable; eight is that if you unilaterally cancel the contract or authorize a third party to publish, we will definitely pursue legal responsibility . In addition, Guangzhou Publishing House required Lu Mingming to provide a formal power of attorney for Linda to delegate the copyright inheritance right, and to provide a certificate from a notary office so that the subsequent remuneration for the manuscript could be paid to the legal heir Lu Mingming.For this reason, on September 10, 2003, Linda and Lu Mingming signed an "Inheritance Agreement".However, Lu Mingming and Guangzhou Publishing House began to stalemate. In November 2004, 12 years after Lu Yao's death, his name began to be associated with the court. On August 24, 2004, Lu Mingming sued Guangzhou Publishing House, Taibai Literature and Art Publishing House and her mother Linda in court. In November 2004, the copyright dispute about "Ordinary World" was heard in the First Intermediate People's Court. Lu Mingming claimed economic losses of nearly 200,000 yuan from the two publishing houses, intending to recover the publishing rights of "The Complete Works of Lu Yao". Lu Mingming stated in the indictment that after Lu Yao's death, the copyrights of all his works were inherited by his wife Lin Da and his daughter Lu Mingming. Lin Da and Lu Mingming reached an agreement that the copyrights of all Lu Yao's works would be inherited by Lu Mingming alone.Plaintiff Lu Mingming discovered that the two defendants had illegally published 5,000 copies of "The Ordinary World" in December 2003, which infringed her copyright. Plaintiff Lu Mingming believed that the publisher published the book without her permission, which constituted an infringement of her copyright. Sue to the court, request the court to order to take back and destroy the infringing books, and make a public apology to the plaintiff.The plaintiff, Lu Mingming, believes that the copyright of Lu Yao's works before his death was inherited by him and his mother Lin Da according to the law. Lin Da signed the book publishing contract of "The Complete Works of Lu Yao" with Taibai Literature and Art Publishing House when he was a minor, which is Lin Da's personal expression , does not represent Lu Mingming's own wishes.Request the court to rule that the book publishing contract and supplementary contract of "The Complete Works of Lu Yao" signed by Linda and Taibai Literature and Art Publishing House, and the agreement on the joint publication of "The Complete Works of Lu Yao" signed by Taibai Literature and Art Publishing House and Guangzhou Publishing House are invalid. The defendants, Guangzhou Publishing House and Taibai Literature and Art Publishing House, argued that when Taibai Literature and Art Publishing House signed the contract with Lin Da, Lu Mingming was underage, and her mother Linda exercised the statutory agency rights, and Lu Mingming was fully aware of this.Guangzhou Publishing House and Taibai Literature and Art Publishing House have been authorized by the copyright owner and signed relevant contracts according to the law, and obtained the right to use "The Complete Works of Lu Yao" according to law. Their publishing behavior does not infringe the right to use Lu Mingming and the right to receive remuneration, so they request the court to dismiss Lu Mingming litigation claims. Lin Da, the mother of Lu Mingming, stated that the contract and supplementary contract she signed with the defendant Taibai Literature and Art Publishing House only granted her own rights to the other party, without the consent of the plaintiff Lu Mingming.The defendant Taibai Literature and Art Publishing House jointly published "The Complete Works of Lu Yao" with the defendant Guangzhou Publishing House without the consent of the plaintiff Lu Mingming, and the defendant Taibai Literature and Art Publishing House and Guangzhou Publishing House should bear the consequences. After a trial by the First Intermediate People's Court, it was found that in November 1992, Lu Yao died.Lin Da and Lu Mingming, as Lu Yao's wife and daughter, have legal inheritance rights to Lu Yao's estate, and they jointly enjoy the copyright and property rights of Lu Yao's works. In June 1997, Linda signed the "Book Publishing Contract" with Taibai Literature and Art Publishing House, agreeing that Linda would grant Taibai Literature and Art Publishing House to publish "The Complete Works of Lu Yao" in the form of books in the Chinese-speaking area within the validity period of the contract. The exclusive right to use the book is valid for 10 years. On April 6, 1999, Lin Da and Taibai Literature and Art Publishing House signed the "Supplementary Contract on Increasing the Remuneration of "The Complete Works of Lu Yao"". At the request of 10 yuan, Linda agreed to Taibai Literature and Art Publishing House's proposal to jointly publish with other publishing houses. On April 16, 1999, Taibai Literature and Art Publishing House and Guangzhou Publishing House signed the "Agreement on the Joint Publishing of "The Complete Works of Lu Yao"", agreeing that Taibai Literature and Art Publishing House and Guangzhou Publishing House will jointly publish "The Complete Works of Lu Yao" and jointly own the book. Exclusive publishing rights to the complete works. In September 2000, Guangzhou Publishing House and Taibai Literature and Art Publishing House published "The Complete Works of Lu Yao". The First Intermediate People's Court held that: when Lu Mingming was under the age of 18 and did not have full capacity for civil conduct, Lin Da, as Lu Mingming's legal guardian, had the right to dispose of Lu Mingming's rights under the premise of not harming Lu Mingming's interests. Property rights in the copyright of Lu Yao's works.Lin Da, as the owner of the joint property right of the copyright of Lu Yao's works and the legal guardian of Lu Mingming, the co-owner of the right, signed a contract with Taibai Literature and Art Publishing House on June 6, 1997 for the subjective purpose of increasing the value of the joint property rights and interests. The content of the "Book Publishing Contract" did not infringe Lu Mingming's shared property rights in the copyright of Lu Yao's works, and the performance of the contract is beneficial to Lu Mingming in terms of objective results.Although Lu Mingming is not the counterparty listed in the contract, it is actually one of the stakeholders of the contract.Because the publishing contract did not violate the relevant national laws and regulations, Taibai Literature and Art Publishing House had exercised reasonable care for the qualifications of the counterparty to the contract, and the contract was a true expression of intention by both parties, so it should be determined as a valid contract according to law. Although Lin Da and Taibai Literature and Art Publishing House signed the "Supplementary Contract on Increasing the Remuneration of "The Complete Works of Lu Yao"" on April 6, 1999, Lu Mingming had already reached the age of 18, had full capacity for civil conduct, and was able to independently exercise civil rights. However, this contract is a supplementary contract to the "Book Publishing Contract". The purpose of signing the contract is to better perform the "Book Publishing Contract". Relevant legal provisions, it should also be recognized as a valid contract. The "Supplementary Contract on Increasing the Remuneration of Lu Yao's Complete Works" shows that Lin Da agrees that Taibai Literature and Art Publishing House can jointly publish "Lu Yao's Complete Works" with other publishing houses, which means that it does not infringe the co-owners of the property rights in the copyright of Lu Yao's works The objective result of Lu Mingming's legitimate rights and interests is beneficial to Lu Mingming. Therefore, the "Agreement on Joint Publishing of "The Complete Works of Lu Yao" signed by Taibai Literature and Art Publishing House and Guangzhou Publishing House is also valid. Therefore, the First Intermediate People's Court held that Lu Mingming's request for the court to confirm the invalidity of the above three contracts lacked factual and legal basis, and the court did not support it.Accordingly, the First Intermediate People's Court made a first-instance judgment to reject the plaintiff Lu Mingming's claim. After the verdict of the first instance, Lu Mingming refused to accept it and appealed to the Beijing Higher People's Court.After a careful trial, the court held that how to exercise the indivisible copyright shall be agreed upon by the parties, and any co-owner cannot prevent other co-owners from legitimately exercising the copyright.A co-owner exercising copyright is deemed to be exercising copyright by all co-owners. On September 6, 2006, the Beijing Higher People's Court rejected Lu Mingming's claim of final appeal.So far, this much-watched copyright lawsuit has come to an end.
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