Thirty years ago today, on February 6, 1995 (January 7, 1995 in the lunar calendar), the court ruled that the copyright of "My First Half of Life" belonged to Pu Yi personally. When Pu Yi was serving his sentence at the Fushun War Criminals Management Center in Northeast China, he dictated it, and his brother Pu Jie wrote it and wrote an autobiographical confession material titled "My First Half of Life". In 1960, the Mass Publishing House printed a small amount of this material into a volume (due to the gray cover, it was called the "gray leather book" with a total of 450,000 words) for reference by relevant departments. After reading it, the central leading comrades instructed the Ministry of Public Security to send people to help revise and organize this material. Leaders of the Ministry of Public Security immediately instructed the Mass Publishing House to help Pu Yi revise and officially publish the material. Leaders of the Ministry of Public Security and the Mass Publishing House under its Ministry selected Li Wenda to specifically complete this task. Pu Yi's consent was obtained for the proposed revision of the manuscript and Li Wenda's specific assistance in doing this work. From April to May 1960, Li Wenda compiled and revised manuscripts for Pu Yi at Xiangshan Hotel. Pu Yi, who works nearby, comes to dictate to Li Wenda every day, consults with Li Wenda, and directly writes a writing outline and reviews Li's revised manuscripts. As recorded in a letter from Li Wenda at the time, Puyi "now writes the outline of the chapter after the amnesty." After two months, 16 chapters and 240,000 words of revised drafts were compiled. According to Li Wenda's records at the time, this revision had clarified the ideological theme of how the emperor transformed it. The first volume of the original book is mainly to delete and select (with some supplements), while the second volume expresses the Northeast period and the transformation period. Almost all of them are re-selected and started a new start. Mass Publishing House provided working conditions for Li Wenda and Pu Yi. After the first draft was completed, a deputy director of the General Office of the Ministry of Public Security (and deputy director of Mass Publishing House) read it. Expresses that basically agrees with the views and methods of rewriting. At the same time, it was pointed out that this was a prototype, which was roughly written, and needed to occupy more materials and carefully process it. From July to August 1960, Li Wenda and others went to Northeast China for on-the-spot investigation and collected a large amount of rich and vivid materials. Li Wenda believes that based on these materials, the first draft can be greatly revised and supplemented. The main thing is still "the transformed part of Puyi." Many mistakes in Puyi's family affairs also need to be corrected. At the end of March 1961, Li Wenda proposed the "Outline of the Second Draft Revision for the First Half of my Life" and reported to the leaders the revision schedule and requirements for working conditions, including providing a quieter working environment that is not too far away from Puyi's workplace. This revised outline was reviewed and approved by the leaders of the General Office of the Ministry of Public Security and the Mass Publishing House. The outline records 400,000 words of the original work from chapters 1 to 8, and is expected to be reduced to 150,000 words; The ninth chapter of the original work is 50,000 words, which only dates to 1957, and is expected to be increased to 70,000 words; the tenth chapter of amnesty does not have this chapter, and is expected to be written to 10,000 words; the eleventh chapter,"The Pride of China People", does not have this chapter in the original work, and has 10,000 words written to include the preface and ending of the original work × 10,000 words (the material is unclear). In August 1961, the revision of "My First Half Life" was halfway through. In order to report on the progress of the revision work and solicit opinions, on August 15, 1961, several editorial boards of Mass Publishing House held a report meeting on the revision of the "First Half of My Life" instrument. Those attending the meeting were Ling Yun, Yu Sang, Xia Yin, Shen Bingzhen, Yao Yin, Lu Shi, Yu Haocheng, Zhang Zhimin, Li Wenda, Wang Lansheng, etc. According to the minutes of the meeting, Li Wenda first briefly reported on the revision process at the meeting, and then talked about the revision plan: it was planned to change the book into a memoir of about 250,000 words. The theme is to reflect the great victory of the Party's reform policy through the experience of a feudal emperor turning into a new person, and at the same time expose the collusion between feudal forces and imperialism; reflect the situation of declining classes and reactionaries unwilling to die but finally collapsed; The complexity and difficulty of reforming criminals; The lofty ideals and style of Communists. The book is divided into three parts: the first part,"The Soil of Sin"; the second part,"The Fourteenth Year of Manchukuo"; and the third part,"Death and Rebirth". At that time, parts of chapters 1, 2, 3, 9, 10 and 11 had been written (the book has twelve chapters in total). Participants held discussions and put forward important opinions on the theme, the form of the memoir, the reflection of Puyi's thoughts and personality, and the emphasis on the authenticity of the content. Director Yao Yin finally stated that he would strive to complete the full draft by the end of October of the same year and print it in large format for review within the year. In the subsequent writing work, Li Wenda still wrote it. Pu Yi recalled the dictation, provided materials (including drawing scenes from imperial meals, palace costumes and other details), and reviewed and revised the manuscripts written. For example, during his review, Pu Yi put forward specific written revision opinions on many places in the third chapter of the original second draft and requirements for further investigation and verification of historical facts. Add review opinions in multiple places in the printed draft. For example, on the eyebrow of chapter 11,"The Glory of the World", there are annotations "I don't think I should delete and revise Chapter 11", and in the section "Fang Surong of Pingdingshan", there are many annotations "This paragraph is very good, do not delete and revise","Note that this paragraph cannot be subtracted","This paragraph is very specific and vivid, and should be retained and not deleted." Another example is that in the passage describing Pu Jie's marriage,"It is an exception to choose a Khan's daughter as his spouse." Pu Yi commented: "I don't have this kind of mentality of sweating and not getting married. Moreover, as early as before the Revolution of 1911, the Qing Dynasty had announced that marriage between Manchuria and Khan would not be prohibited. Therefore, this sentence should be deleted. During this period, Li Wenda also carried out a large amount of collection of materials, compilation of memorabilia, conception, content arrangement, and writing. At this time, the publishing house also arranged for several comrades to collect and check historical materials for this book. In March 1962, the second revision of "My First Half of Life" was completed. In June of the same year, a three-volume version of "My First Half of Life" was printed. On the basis of extensive solicitation of opinions from experts, leaders and other parties, revisions were made. Two volumes were printed in October of the same year. On this basis,"My First Half of Life", in which a copyright dispute occurred between the parties, was officially published in March 1964. The book was signed by Aisin Gioro Puyi. Afterwards, Pu Yi wrote a banner that read "Four years of hard work have been as hard as a day, helping me complete my book; atoning for the party's cause and the people and loving a new life." In addition, there are many records in Pu Yi's diary during his lifetime that Li Wenda "helped him revise and organize manuscripts". On February 6, 1964, Yu Haocheng, the Mass Publishing House, stated in a request report on the payment of royalties for the book "My First Half of Life":"The book has more than 410,000 words. According to the upper middle standard, it is calculated at 12 yuan per thousand words. The basic remuneration is 5040 yuan, plus the remuneration for the first print, a total of more than 11000 yuan. Puyi is the nominal author of this book and has provided information orally. In order to take into account external influence, we consider paying him an appropriate amount of contribution, but it should not be too much. Half of the specific opinions should be paid in one lump sum, and no longer paid when printed... For the actual author of this book, it is planned to follow Article 19 of the Society's Contribution Fee Measures, that is, half of the contribution fee will be paid (according to this article, staff within the Society will generally pay 20% of the contribution fee for writing manuscripts. 0%, and the maximum should not exceed 50%, so books cost a lot of labor, so we consider paying 50%). This report will be implemented after approval by the publishing house, the General Office of the Ministry of Public Security, and the leaders of the Ministry of Public Security. The first edition of "My First Half of Life" was paid more than 11700 yuan, with Puyi and Li Wenda each receiving half. In 1965, the Foreign Languages Press translated "My First Half of Life" into English and published it, and the English version was titled "From Emperor to Citizen." Pu Yi died in 1967. When "My First Half of Life" was reprinted in September 1981, the Mass Publishing House stated in the reprinting instructions that "I would like to discuss some historical facts described in the book, but since the author passed away in 1967, it was impossible to make any revisions. For this reason, after obtaining the consent of Comrade Zhu Jiajin, a Qing historian, he published his article" Corrections to Some Historical Errors from the First Half of my Life "as an appendix at the end of the book for reference by readers." In 1984, in order to adapt and shoot the book "My First Half of Life" with Italy and Hong Kong New Kunlun Business Co., Ltd., Li Shuxian, Li Wenda and Mass Publishing House had a dispute over who would have the copyright to the book. Later, Mass Publishing House withdrew from the dispute in accordance with the opinions of relevant leading comrades. On March 5, 1985, the Ministry of Public Security, the unit in charge of Mass Publishing House, sent a letter to the Ministry of Culture asking about the copyright ownership of "My First Half of Life". On November 4, 1985, the National Copyright Administration replied to the Ministry of Public Security in Document (85) Quan Zi No. 6,"The book" My First Half of Life "was jointly written by Pu Yi and Li Wenda. The relationship between them is not that of author and editor, but that of co-authors. When this book was published, Li Wenda was an anonymous co-author. Therefore, the copyright of this book should be shared by Pu Yi and Li Wenda. Based on this, Mass Publishing House paid Li Shuxian and Li Wenda half of the remuneration for the number of prints and filming of new films for reprinting the book "The First Half of My Life" several times before 1985. Li Shuxian still had objections to the National Copyright Administration's handling, so a lawsuit arose. The first opinion of the two opinions on this case is that "My First Half of Life" is a collaborative work of Li Wenda and Pu Yi, and they should both enjoy copyright. The main reasons are: 1. Li Wenda did not simply record and organize Pu Yi's oral materials, but directly participated in the creation of the book, so he was one of the authors; 2. The process of creating the book by Li Wenda and Pu Yi has formed the fact of collaborative creation, so the book modification is a collaborative work, and both of them enjoy copyright;3. The object protected by the Copyright Law is the form of the work, not the idea of the work. No matter what tone or person the work is written in, it does not affect the ownership of copyright. Li Wenda used literary form to express Puyi's thoughts, and Li enjoyed the copyright of the book. The second opinion is that the copyright of "My First Half of Life" should belong to Pu Yi, and after its death, property and other rights can be inherited by Li Shuxian. Li Wenda is the author of the book. He does not enjoy copyright, but he can receive appropriate financial remuneration. The main reasons are: 1. The entire creation and book publishing process was handed over by superiors to the Mass Publishing House and Li Wenda to help Puyi create and publish "My First Half of Life". There was no fact or tacit understanding between Pu Yi and Mass Publishing House or Li Wenda to cooperate in creating the book, but a tacit understanding and fact between Mass Publishing House and Li Wenda to help Pu Yi create and publish the book. The copyright of the autobiographical works signed by Pu Yi formed on the basis of this tacit understanding and facts should belong to Pu Yi. 2."My First Half of Life" describes the author's own experiences and thoughts completely in the first person. It is different from other works and has its own uniqueness. Even if the author has a creative idea and wants to play it freely, he must obtain the consent of a specific person. Its creative world is very limited. From the perspective of social responsibility, it is also a specific individual of the signer. 3. From the perspective of social influence and stable existing civil relations, all such autobiographical works (especially those involving celebrities and special figures) are signed by the person and whether there is a written agreement to be created in cooperation with others, regardless of what kind of work the person or team has done, should be recognized as the signer, that is, the specific individual autobiographical, as the copyright owner. Those who participate in creation can receive appropriate financial remuneration based on circumstances. Trial status of this case. On January 26, 1995, the Beijing City Intermediate People's Court issued a first-instance judgment, which found that the book "My First Half of Life" was an autobiographical work of Pu Yi. During the writing and publication of the book, Li Wenda helped Pu Yi revise and publish the book according to the assignment of the organization. Li Wenda worked hard in the process of writing the book, but there was no cooperation between Li Wenda and Pu Yi to jointly create the book. Therefore, Pu Yi should be recognized as the author of the book "My First Half of Life" and enjoy the copyright of this book. Regarding Li Shuxian's request for Li Wenda to stop infringement and apologize, because Li Wenda did not directly infringe on the copyright of the book, the court does not support Li Shuxian's request. Regarding the issue of remuneration distribution after the book was published, since both parties did not raise any objection, the court will not handle it. In accordance with the provisions of Article 94 of the General Principles of Civil Law, the verdict is as follows: 1. The copyright of the book "My First Half of Life" belongs to Aisin Gioro Puyi personally. 2. Reject Li Shuxian's other claims. Li Wenda's legal successor, his wife Wang Ying, and his sons Li Jinyou, Li Jinhe and Li Hai refused to accept the first-instance judgment and appealed to the Beijing City Higher People's Court. The main reasons for appeal are: The first-instance judgment ruled that the copyright of the book belonged to Pu Yi personally and the facts were contradictory; there was no relationship between commission and commission between Li Wenda and Pu Yi, so Li Wenda, as the creator of the book, should enjoy copyright; if the book belongs to a service work, it should also belong to a personal service work. Li Wenda owns the copyright. If it is a service work of a legal person, Li Wenda also has some rights such as the right of authorship; The book describes and depicts the psychology and environment of the characters, and also creates fictional characters. Therefore, the book should be Pu Yi's "autobiographical literary work" or "literary biography", not an "autobiographical work". Li Shuxian obeyed the judgment of the first instance. After trial, the Beijing City Higher People's Court held that the entire process from revision to publication of the book "My First Half of Life" was carried out under the organization of relevant departments. Li Wenda was assigned by an organization to help Pu Yi revise and publish the book, so there was no fact that Li Wenda and Pu Yi collaborated in creation. "My First Half of Life" is both signed by Pu Yi and an autobiographical literary work in which Pu Yi narrates his personal experience in the first person. The form and content of the book are linked to Pu Yi's personal identity, and it reflects the process and achievements of Pu Yi's ideological transformation and reflects Pu Yi's personal will; The public opinion evaluation and social responsibility of the book are also borne by him personally; therefore, Pu Yi should be the sole author and copyright owner of the book "My First Half of Life". In summary, the appeal request of the appellant Wang Ying and others cannot be established and this court does not support it. The judgment of the original trial is accurate, and the judgment of the original trial is correct and should be maintained. Judgment in June 1996: The appeal was dismissed and the original sentence was upheld. Comments on this case This case involves multiple copyright issues, including the identification of service works and cooperative works, the authorship rights, adaptation rights, translation rights, and production rights of the works. This case is an early and influential copyright dispute case in my country. The case took nearly 10 years from prosecution to final judgment, shocking three-level courts, from local courts to the highest judicial organs, and attracted the attention of two chief justices of the Supreme People's Court. The three-level courts issued legally binding replies, first-instance judgments and final judgments respectively in accordance with the powers conferred by the Constitution and the law. From the acceptance and filing of the case to the final judgment in accordance with the law, we seem to be able to see the continuous development of the people's court's protection of new civil rights such as copyright. Today, copyright, or copyright, belongs to a civil right. When such rights are infringed, the rights holder can file a lawsuit with the people's court for judicial relief in accordance with the law. The people's court should accept the case in accordance with the law, and cannot refuse to accept the case just because the administrative agency has handled it. There is no controversy and it has become a consensus among people. However, in this case back then, the parties spent a lot of energy and even alarmed the Chief Justice of the Supreme Court, before a civil case was established. Then came a 10-year lawsuit. One party passed away, and one party was in his last years, but several judicial principles that were of great significance to the judicial protection of intellectual property rights in my country were finally formulated: First, litigation conducted by judicial organs is the final procedure for handling cases of intellectual property disputes. For infringement of intellectual property rights, including copyright, no matter what treatment the administrative organs make, and if the parties refuse to sue in accordance with the law, the people's court shall protect the parties 'right to sue and judicial relief shall be provided in accordance with the law. Second, the identification of cooperative works should pay attention to the agreement of the co-author and the fact of cooperative creation. The third is the principle for handling the copyright ownership of biographical literary works. Of course, biographical literary works can be written jointly by the biographer and the writer, and their copyright can be shared with the biographer. However, for an autobiographical literary work written orally by a specific person, if the signature is the person himself and there is no written agreement to cooperate with others to create and share the copyright, no matter what work the person or team participated in the writing has done, the signer should be recognized as a specific individual who autobiographed his life. Those participating in the writing require confirmation that the cooperative work will not be supported, but they can receive appropriate financial remuneration based on the circumstances. Handling such disputes in accordance with this principle not only protects the copyright of the author, but also protects the legitimate rights and interests of the participants in the writing. Special attention should be paid to handling disputes left over from history.Thirty years ago today, on February 6, 1995 (January 7, 1995 in the lunar calendar), the court ruled that the copyright of "My First Half of Life" belonged to Pu Yi personally. When Pu Yi was serving his sentence at the Fushun War Criminals Management Center in Northeast China, he dictated it, and his brother Pu Jie wrote it and wrote an autobiographical confession material titled "My First Half of Life". In 1960, the Mass Publishing House printed a small amount of this material into a volume (due to the gray cover, it was called the "gray leather book" with a total of 450,000 words) for reference by relevant departments. After reading it, the central leading comrades instructed the Ministry of Public Security to send people to help revise and organize this material. Leaders of the Ministry of Public Security immediately instructed the Mass Publishing House to help Pu Yi revise and officially publish the material. Leaders of the Ministry of Public Security and the Mass Publishing House under its Ministry selected Li Wenda to specifically complete this task. Pu Yi's consent was obtained for the proposed revision of the manuscript and Li Wenda's specific assistance in doing this work. From April to May 1960, Li Wenda compiled and revised manuscripts for Pu Yi at Xiangshan Hotel. Pu Yi, who works nearby, comes to dictate to Li Wenda every day, consults with Li Wenda, and directly writes a writing outline and reviews Li's revised manuscripts. As recorded in a letter from Li Wenda at the time, Puyi "now writes the outline of the chapter after the amnesty." After two months, 16 chapters and 240,000 words of revised drafts were compiled. According to Li Wenda's records at the time, this revision had clarified the ideological theme of how the emperor transformed it. The first volume of the original book is mainly to delete and select (with some supplements), while the second volume expresses the Northeast period and the transformation period. Almost all of them are re-selected and started a new start. Mass Publishing House provided working conditions for Li Wenda and Pu Yi. After the first draft was completed, a deputy director of the General Office of the Ministry of Public Security (and deputy director of Mass Publishing House) read it. Expresses that basically agrees with the views and methods of rewriting. At the same time, it was pointed out that this was a prototype, which was roughly written, and needed to occupy more materials and carefully process it. From July to August 1960, Li Wenda and others went to Northeast China for on-the-spot investigation and collected a large amount of rich and vivid materials. Li Wenda believes that based on these materials, the first draft can be greatly revised and supplemented. The main thing is still "the transformed part of Puyi." Many mistakes in Puyi's family affairs also need to be corrected. At the end of March 1961, Li Wenda proposed the "Outline of the Second Draft Revision for the First Half of my Life" and reported to the leaders the revision schedule and requirements for working conditions, including providing a quieter working environment that is not too far away from Puyi's workplace. This revised outline was reviewed and approved by the leaders of the General Office of the Ministry of Public Security and the Mass Publishing House. The outline records 400,000 words of the original work from chapters 1 to 8, and is expected to be reduced to 150,000 words; The ninth chapter of the original work is 50,000 words, which only dates to 1957, and is expected to be increased to 70,000 words; the tenth chapter of amnesty does not have this chapter, and is expected to be written to 10,000 words; the eleventh chapter,"The Pride of China People", does not have this chapter in the original work, and has 10,000 words written to include the preface and ending of the original work × 10,000 words (the material is unclear). In August 1961, the revision of "My First Half Life" was halfway through. In order to report on the progress of the revision work and solicit opinions, on August 15, 1961, several editorial boards of Mass Publishing House held a report meeting on the revision of the "First Half of My Life" instrument. Those attending the meeting were Ling Yun, Yu Sang, Xia Yin, Shen Bingzhen, Yao Yin, Lu Shi, Yu Haocheng, Zhang Zhimin, Li Wenda, Wang Lansheng, etc. According to the minutes of the meeting, Li Wenda first briefly reported on the revision process at the meeting, and then talked about the revision plan: it was planned to change the book into a memoir of about 250,000 words. The theme is to reflect the great victory of the Party's reform policy through the experience of a feudal emperor turning into a new person, and at the same time expose the collusion between feudal forces and imperialism; reflect the situation of declining classes and reactionaries unwilling to die but finally collapsed; The complexity and difficulty of reforming criminals; The lofty ideals and style of Communists. The book is divided into three parts: the first part,"The Soil of Sin"; the second part,"The Fourteenth Year of Manchukuo"; and the third part,"Death and Rebirth". At that time, parts of chapters 1, 2, 3, 9, 10 and 11 had been written (the book has twelve chapters in total). Participants held discussions and put forward important opinions on the theme, the form of the memoir, the reflection of Puyi's thoughts and personality, and the emphasis on the authenticity of the content. Director Yao Yin finally stated that he would strive to complete the full draft by the end of October of the same year and print it in large format for review within the year. In the subsequent writing work, Li Wenda still wrote it. Pu Yi recalled the dictation, provided materials (including drawing scenes from imperial meals, palace costumes and other details), and reviewed and revised the manuscripts written. For example, during his review, Pu Yi put forward specific written revision opinions on many places in the third chapter of the original second draft and requirements for further investigation and verification of historical facts. Add review opinions in multiple places in the printed draft. For example, on the eyebrow of chapter 11,"The Glory of the World", there are annotations "I don't think I should delete and revise Chapter 11", and in the section "Fang Surong of Pingdingshan", there are many annotations "This paragraph is very good, do not delete and revise","Note that this paragraph cannot be subtracted","This paragraph is very specific and vivid, and should be retained and not deleted." Another example is that in the passage describing Pu Jie's marriage,"It is an exception to choose a Khan's daughter as his spouse." Pu Yi commented: "I don't have this kind of mentality of sweating and not getting married. Moreover, as early as before the Revolution of 1911, the Qing Dynasty had announced that marriage between Manchuria and Khan would not be prohibited. Therefore, this sentence should be deleted. During this period, Li Wenda also carried out a large amount of collection of materials, compilation of memorabilia, conception, content arrangement, and writing. At this time, the publishing house also arranged for several comrades to collect and check historical materials for this book. In March 1962, the second revision of "My First Half of Life" was completed. In June of the same year, a three-volume version of "My First Half of Life" was printed. On the basis of extensive solicitation of opinions from experts, leaders and other parties, revisions were made. Two volumes were printed in October of the same year. On this basis,"My First Half of Life", in which a copyright dispute occurred between the parties, was officially published in March 1964. The book was signed by Aisin Gioro Puyi. Afterwards, Pu Yi wrote a banner that read "Four years of hard work have been as hard as a day, helping me complete my book; atoning for the party's cause and the people and loving a new life." In addition, there are many records in Pu Yi's diary during his lifetime that Li Wenda "helped him revise and organize manuscripts". On February 6, 1964, Yu Haocheng, the Mass Publishing House, stated in a request report on the payment of royalties for the book "My First Half of Life":"The book has more than 410,000 words. According to the upper middle standard, it is calculated at 12 yuan per thousand words. The basic remuneration is 5040 yuan, plus the remuneration for the first print, a total of more than 11000 yuan. Puyi is the nominal author of this book and has provided information orally. In order to take into account external influence, we consider paying him an appropriate amount of contribution, but it should not be too much. Half of the specific opinions should be paid in one lump sum, and no longer paid when printed... For the actual author of this book, it is planned to follow Article 19 of the Society's Contribution Fee Measures, that is, half of the contribution fee will be paid (according to this article, staff within the Society will generally pay 20% of the contribution fee for writing manuscripts. 0%, and the maximum should not exceed 50%, so books cost a lot of labor, so we consider paying 50%). This report will be implemented after approval by the publishing house, the General Office of the Ministry of Public Security, and the leaders of the Ministry of Public Security. The first edition of "My First Half of Life" was paid more than 11700 yuan, with Puyi and Li Wenda each receiving half. In 1965, the Foreign Languages Press translated "My First Half of Life" into English and published it, and the English version was titled "From Emperor to Citizen." Pu Yi died in 1967. When "My First Half of Life" was reprinted in September 1981, the Mass Publishing House stated in the reprinting instructions that "I would like to discuss some historical facts described in the book, but since the author passed away in 1967, it was impossible to make any revisions. For this reason, after obtaining the consent of Comrade Zhu Jiajin, a Qing historian, he published his article" Corrections to Some Historical Errors from the First Half of my Life "as an appendix at the end of the book for reference by readers." In 1984, in order to adapt and shoot the book "My First Half of Life" with Italy and Hong Kong New Kunlun Business Co., Ltd., Li Shuxian, Li Wenda and Mass Publishing House had a dispute over who would have the copyright to the book. Later, Mass Publishing House withdrew from the dispute in accordance with the opinions of relevant leading comrades. On March 5, 1985, the Ministry of Public Security, the unit in charge of Mass Publishing House, sent a letter to the Ministry of Culture asking about the copyright ownership of "My First Half of Life". On November 4, 1985, the National Copyright Administration replied to the Ministry of Public Security in Document (85) Quan Zi No. 6,"The book" My First Half of Life "was jointly written by Pu Yi and Li Wenda. The relationship between them is not that of author and editor, but that of co-authors. When this book was published, Li Wenda was an anonymous co-author. Therefore, the copyright of this book should be shared by Pu Yi and Li Wenda. Based on this, Mass Publishing House paid Li Shuxian and Li Wenda half of the remuneration for the number of prints and filming of new films for reprinting the book "The First Half of My Life" several times before 1985. Li Shuxian still had objections to the National Copyright Administration's handling, so a lawsuit arose. The first opinion of the two opinions on this case is that "My First Half of Life" is a collaborative work of Li Wenda and Pu Yi, and they should both enjoy copyright. The main reasons are: 1. Li Wenda did not simply record and organize Pu Yi's oral materials, but directly participated in the creation of the book, so he was one of the authors; 2. The process of creating the book by Li Wenda and Pu Yi has formed the fact of collaborative creation, so the book modification is a collaborative work, and both of them enjoy copyright;3. The object protected by the Copyright Law is the form of the work, not the idea of the work. No matter what tone or person the work is written in, it does not affect the ownership of copyright. Li Wenda used literary form to express Puyi's thoughts, and Li enjoyed the copyright of the book. The second opinion is that the copyright of "My First Half of Life" should belong to Pu Yi, and after its death, property and other rights can be inherited by Li Shuxian. Li Wenda is the author of the book. He does not enjoy copyright, but he can receive appropriate financial remuneration. The main reasons are: 1. The entire creation and book publishing process was handed over by superiors to the Mass Publishing House and Li Wenda to help Puyi create and publish "My First Half of Life". There was no fact or tacit understanding between Pu Yi and Mass Publishing House or Li Wenda to cooperate in creating the book, but a tacit understanding and fact between Mass Publishing House and Li Wenda to help Pu Yi create and publish the book. The copyright of the autobiographical works signed by Pu Yi formed on the basis of this tacit understanding and facts should belong to Pu Yi. 2."My First Half of Life" describes the author's own experiences and thoughts completely in the first person. It is different from other works and has its own uniqueness. Even if the author has a creative idea and wants to play it freely, he must obtain the consent of a specific person. Its creative world is very limited. From the perspective of social responsibility, it is also a specific individual of the signer. 3. From the perspective of social influence and stable existing civil relations, all such autobiographical works (especially those involving celebrities and special figures) are signed by the person and whether there is a written agreement to be created in cooperation with others, regardless of what kind of work the person or team has done, should be recognized as the signer, that is, the specific individual autobiographical, as the copyright owner. Those who participate in creation can receive appropriate financial remuneration based on circumstances. Trial status of this case. On January 26, 1995, the Beijing City Intermediate People's Court issued a first-instance judgment, which found that the book "My First Half of Life" was an autobiographical work of Pu Yi. During the writing and publication of the book, Li Wenda helped Pu Yi revise and publish the book according to the assignment of the organization. Li Wenda worked hard in the process of writing the book, but there was no cooperation between Li Wenda and Pu Yi to jointly create the book. Therefore, Pu Yi should be recognized as the author of the book "My First Half of Life" and enjoy the copyright of this book. Regarding Li Shuxian's request for Li Wenda to stop infringement and apologize, because Li Wenda did not directly infringe on the copyright of the book, the court does not support Li Shuxian's request. Regarding the issue of remuneration distribution after the book was published, since both parties did not raise any objection, the court will not handle it. In accordance with the provisions of Article 94 of the General Principles of Civil Law, the verdict is as follows: 1. The copyright of the book "My First Half of Life" belongs to Aisin Gioro Puyi personally. 2. Reject Li Shuxian's other claims. Li Wenda's legal successor, his wife Wang Ying, and his sons Li Jinyou, Li Jinhe and Li Hai refused to accept the first-instance judgment and appealed to the Beijing City Higher People's Court. The main reasons for appeal are: The first-instance judgment ruled that the copyright of the book belonged to Pu Yi personally and the facts were contradictory; there was no relationship between commission and commission between Li Wenda and Pu Yi, so Li Wenda, as the creator of the book, should enjoy copyright; if the book belongs to a service work, it should also belong to a personal service work. Li Wenda owns the copyright. If it is a service work of a legal person, Li Wenda also has some rights such as the right of authorship; The book describes and depicts the psychology and environment of the characters, and also creates fictional characters. Therefore, the book should be Pu Yi's "autobiographical literary work" or "literary biography", not an "autobiographical work". Li Shuxian obeyed the judgment of the first instance. After trial, the Beijing City Higher People's Court held that the entire process from revision to publication of the book "My First Half of Life" was carried out under the organization of relevant departments. Li Wenda was assigned by an organization to help Pu Yi revise and publish the book, so there was no fact that Li Wenda and Pu Yi collaborated in creation. "My First Half of Life" is both signed by Pu Yi and an autobiographical literary work in which Pu Yi narrates his personal experience in the first person. The form and content of the book are linked to Pu Yi's personal identity, and it reflects the process and achievements of Pu Yi's ideological transformation and reflects Pu Yi's personal will; The public opinion evaluation and social responsibility of the book are also borne by him personally; therefore, Pu Yi should be the sole author and copyright owner of the book "My First Half of Life". In summary, the appeal request of the appellant Wang Ying and others cannot be established and this court does not support it. The judgment of the original trial is accurate, and the judgment of the original trial is correct and should be maintained. Judgment in June 1996: The appeal was dismissed and the original sentence was upheld. Comments on this case This case involves multiple copyright issues, including the identification of service works and cooperative works, the authorship rights, adaptation rights, translation rights, and production rights of the works. This case is an early and influential copyright dispute case in my country. The case took nearly 10 years from prosecution to final judgment, shocking three-level courts, from local courts to the highest judicial organs, and attracted the attention of two chief justices of the Supreme People's Court. The three-level courts issued legally binding replies, first-instance judgments and final judgments respectively in accordance with the powers conferred by the Constitution and the law. From the acceptance and filing of the case to the final judgment in accordance with the law, we seem to be able to see the continuous development of the people's court's protection of new civil rights such as copyright. Today, copyright, or copyright, belongs to a civil right. When such rights are infringed, the rights holder can file a lawsuit with the people's court for judicial relief in accordance with the law. The people's court should accept the case in accordance with the law, and cannot refuse to accept the case just because the administrative agency has handled it. There is no controversy and it has become a consensus among people. However, in this case back then, the parties spent a lot of energy and even alarmed the Chief Justice of the Supreme Court, before a civil case was established. Then came a 10-year lawsuit. One party passed away, and one party was in his last years, but several judicial principles that were of great significance to the judicial protection of intellectual property rights in my country were finally formulated: First, litigation conducted by judicial organs is the final procedure for handling cases of intellectual property disputes. For infringement of intellectual property rights, including copyright, no matter what treatment the administrative organs make, and if the parties refuse to sue in accordance with the law, the people's court shall protect the parties 'right to sue and judicial relief shall be provided in accordance with the law. Second, the identification of cooperative works should pay attention to the agreement of the co-author and the fact of cooperative creation. The third is the principle for handling the copyright ownership of biographical literary works. Of course, biographical literary works can be written jointly by the biographer and the writer, and their copyright can be shared with the biographer. However, for an autobiographical literary work written orally by a specific person, if the signature is the person himself and there is no written agreement to cooperate with others to create and share the copyright, no matter what work the person or team participated in the writing has done, the signer should be recognized as a specific individual who autobiographed his life. Those participating in the writing require confirmation that the cooperative work will not be supported, but they can receive appropriate financial remuneration based on the circumstances. Handling such disputes in accordance with this principle not only protects the copyright of the author, but also protects the legitimate rights and interests of the participants in the writing. Special attention should be paid to handling disputes left over from history.