Survey Of The Case Details And Legal Analysis On The Copyright Of "ZhenLong" Advertisement Item In GuangXi

Collected works, such as collected writings, collected icons, and so on, mean that one party for a specific purpose seeks some kind of works from general public that is not specific, candidates create works in accordance with the requirements of creatiion and deliver the creative works. Generally an advertisement item is short, concise , too few words, the special nature of advertisement items is obvious that people tend to ignore the condensing intellectual labor, and its copyright issues often are not people's attention. In a number of copyright tort cases, tort dispute about advertisement items on the copyright become more and more common, it has aroused a great deal of attention.The case that Liu Yi appealed to NanNing Cigarette Factory and NanNing ZhenLongWeiYe Advertising Corporation is a very typical case in the national advertisement item copyright tort cases . In this case, "How high is the sky? Please ask the real dragon" , an collected advertisement item triggered the long-drawn-out copyright tort lawsuit. Since the law does not prescribe the issue of copyright about collected works clearly that the case resulted in a lot of different views, the course can be ups and downs all the way down.This article is divided into six parts. In this paper, I will analyze and expound GuangXi "ZhenLong" advertisement item copyright case involving the most critical legal issues in the hope of a breakthrough to find a solution to the problem.Firstly, the preamble will introduce that it is the premise and the foundation to discuss the case about copyright of "ZhenLong" advertisement item in GuangXi that collected advertisement items are applicable to the provisions on works in copyright law .The first part will introduce the basic facts and the dispute focus of the case about copyright of "ZhenLong" advertisement item in GuangXi.The case details will be stated totally, disputes of the parties will be summarized , hoping to seek the crux of the issue.The second part will analyze the legal relations between the parties mainly using the theory of civil law, it also involves what kind of legal relationship between the main parties and will be elaborated using the theory of contract law, the issues are on the bottle neck, if these problems were not solved, the whole case will not have a clear consideration and reasonable solution.The third part involves the exercise of moral copyrights and economic copyrights respectively, whether or not constituting copyright tort, it needs a separate discussion using the theory of copyright law.In the fourth part, I will evaluate and analyze the judgment of NanNing Intermediate Court and GuangXi Superior Court,put forward a series of personal views on the legal aspects of this case.Finally, through the analysis of "ZhenLong"case, I hope that it could benefit for protection and exercise about copyright of collected works .