Hunan Wang Yuewen V. Hebei Wang Yuewen Copyright Infringement Case Analysis

Fake author’s name, is an increasing frequency of violations, but the current "copyright law" has not fully recognized and its regulation of copyright infringement. Such acts damage the reputation of the author (personality), but also undermines the author’s property interests, in fact, is the use of the author’s name has the business reputation, is the commercialization of the author’s name against the rights or interests: neither a pure personal interest (right to a name), not a single economic interests (unfair competition), but a combination of both-the commercialization of personal interests.Wang Yuewen v. Hebei, Hunan, Wang Yuewen copyright infringement case, such conduct on the part of a typical case. Hebei, a person formerly known as Wang Hill changed its name to Wang Yuewen, its works novel "MAK" has been published and distributed, the book’s author and publicity materials present false information, leading consumers and the famous Hunan Wang Yuewen writers association, Hebei, Hunan, Wang Yuewen Wang Yuewen and then sue publishers, distribution companies infringing its copyright. On the case, there is the focus of two controversies, one "MAK" is a fake signature of another violation of copyright works, the second is the issue of "country style" whether it is unfair competition. Through a detailed analysis of copyright infringement liability and general tort liability of the difference can be judged, according to current law, the book is not a violation of copyright works. Fake signatures of others there are different circumstances for different situations have different regulatory approach, including the name right, copyright in the authorship and unfair competition. Adjustment of these three methods, the judicial practice, there are some differences, there is no conclusion. Case the final verdict found the defendant there is unfair competition, liability, indicating that despite the anti-unfair competition law and intellectual property law there is a link both also differ, but the anti-unfair competition law on intellectual property rights play a fallback protection role. In the future, do copyright law and unfair competition law amending the law work to expand the rights of copyright to the well-known extended to prevent the abuse of copyright, copyright infringement remedies to strengthen, in particular, is to improve the right to a name, authorship, and unfair competition on the fake signature of another way and be able to adjust utilization, and better protect copyrights both feasible means.