Famous cases of copyright infringement

Legal analysis: Jia Zhigang v. Foshan People's Broadcasting Station.

Jia Zhigang is the copyright owner of the book Jia Zhigang's Talking about the Spring and Autumn Annals, claiming that Foshan Radio used a lot of the contents of Jia Zhigang's Talking about the Spring and Autumn Annals in the program of Listening to the Spring and Autumn Annals of the World broadcast by two channels without his permission, which did not comply with the statutory permission of the broadcasting organization and constituted an infringement of his copyright. Foshan Radio said that the law does not explicitly require radio stations to indicate the author and the name of the work when broadcasting other people's published works. Even considering the requirement of indicating the identity of the author, Foshan Radio repeatedly mentioned the book Jia Zhigang's Spring and Autumn Annals and its author in the broadcast audio and third-party media, with the intention of indicating the author and the name of the work. Therefore, the behavior of Foshan Radio belongs to the legal permission behavior and does not infringe Jia Zhigang's copyright. The court of first instance held that the behavior of Foshan Radio did not comply with the provisions of the second paragraph of Article 43 of the Copyright Law concerning the statutory license for broadcasting other people's works. Foshan Radio refused to accept the judgment of the first instance and appealed. As a result, the Beijing Intellectual Property Court held through trial that the act of broadcasting "Listening to the Spring and Autumn of the World" by Foshan Radio Station did not comply with the statutory permission of the radio station and constituted an infringement of Jia Zhigang's copyright. Therefore, the judgment dismissed the appeal of Foshan Radio and upheld the original judgment.

legal basis: copyright law of the people's Republic of China article 1 this law is formulated in accordance with the constitution in order to protect the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and science.