Copyright Of The Achievement On Ancient Works Collating From The Lawsuits Between ZhongHua Book Company And HanWang Technology & GuoXue Times

This paper defines ancient works as ancient classical document and literature,which have been handed down to generation.Integrity and authenticity of the content are the main problems staying with them all the time,let alone existence of fake copies,which are useless for academic research.Furthermore,the ancient works are very difficult to understand because of its unique writing habit.Therefore,Chinese scholars have the tradition of colleting,amending and analyzing ancient works for research since thousands of years ago.There is an old Chinese saying “Sheng Shi Cheng Dian”.Dian means the result of collecting,amending and analyzing ancient works,which is very important for the completeness and depth of social culture system.Collating is a common way with its own specialty for ancient works ‘collecting,amending and analyzing.How to find a proper position in law for the products of ancient works collating and how to protect the product are very important for collating industry.Currently,there are not clear regulations and laws on collating.Whether the products of collating should be protected under the framework of copyright law still remains controversial.The author has started from the first case of collating ancient works,ZhongHua Book Company sue HanWang Technology and GuoXue Times Company,and then make the copyright disputes of 24 Histories and Draft History of China collated by ZhongHua Book Company the core of discussion on the law nature of collating ancient works,and the protection of products of collating.First part of this paper have given brief introduction of ZhongHua Book Company sue HanWang Technology and GuoXue Times Company,and then found out the focus of disputes.In those two cases,the court has affirmed that collating products of ZhongHua Book Company are qualified products according to Copyrights Law,and ZhongHua Book Company has owned their copyrights.Second part of this paper has analyzed the concept and origin of 25 Histories,and confirmed the definitions of ancient works,collecting and collating ancient works,which will promote our understanding of the cases.On one hand,the paper has given introduction of different opinions on the law nature of collating products from the logic induction way;on the other hand,this paper has explained why the author confirmed that the collating products conforms the definition of product in the Copyright Law,and explained the nature of the collating product from jurisprudential perspective.Finally,the paper has disproved the opinion that collating product is not legal work..Third part has come back to the case and analyzed the core of disputes.On the base of analysis,the paper has discussed on the copyrights problems of collating products in legal practice,and tried to give suggestions on how to protect the collating products.