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Zhang Linying and Other Three Persons v. Guangyuan Co., Ltd., Chinese Revolutionary Museum and Gongmei Corp. Group

Beijing Higher People’s Court (2002)

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Zhang Linying and Other Three Persons v. Guangyuan Co., Ltd., Chinese Revolutionary Museum and Gongmei Corp. Group

Beijing Higher People’s Court
Beijing Higher People’s Court (2002)

Facts

The Founding Ceremony of New China was an oil painting by Dong Xiwen (Dong) held by the Chinese Revolutionary Museum (the museum) (defendant). In association with the museum, Guangyuan Artworks Company, Ltd. (Guangyuan) (defendant) made a series of commemorative reproductions of the painting, which were sold by Beijing Gongmei Group (Gongmei) (defendant). Dong’s heirs—Zhang Linying, Dong Shabei, Dong Shalei, and Dong Yisha (the heirs) (plaintiffs)—brought a copyright-infringement action against the museum, Guangyuan, and Gongmei in the Beijing Intermediate People’s Court. The court found that the heirs held a valid copyright in the painting and ordered an end to the infringing reproductions and sales. The court also ordered Guangyuan and the museum to pay damages and make a public apology. Guangyuan and the museum appealed to the Beijing Higher People’s Court.

Rule of Law

Issue

Holding and Reasoning ()

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