A Study Of Private Letters Copyright Issues

May2013， Sungari International Auction Co.， announced a message that it wouldauction Qian Zhongshu， Yang Jikang and Qian Yuan’s letter manuscripts which werepreviewed in accordance with the requirements of Auction Law. With Yang Jiang publiclyexpressed opposition to the behavior， the message was hotly discussed as a legal issue. Thedispute focused on whether the auction behavior would violate the letter writer’s privacy andcopyright. The First Instance of Beijing Second Intermediate People’s Court identified thebehavior of Sungari International Auction Co.， Ltd. formed a writer’s privacy and copyrightinfringement. But Sungari International Auction Co.， Ltd. does not endorse this judgment，and then filed an appeal request. In this paper， on the basis of introducing this case indetail， the author made a probing analysis of the issue and proposed countermeasures inorder to make recommendations for improving the protection of our intellectual propertyrights. This paper is divided into five parts:Part I: Introduction and focus of controversy.In Li guoqiang， Sungari International Auction Company auctioning Qian zhongshu’smanuscript case， the Beijing Second Intermediate People’s Court identifies that thecopyright attached to the letter are infringed. The letter is recognized as written works.However，Qian’s calligraphy owns aesthetic value. It has a certain basis that identifying theletter as aesthetic work. The focus of controversy in the case are judging the type of the letterand the effect resulting from Li guoqiang and Sungari International Auction Company’s civilliability.Part II: Determining the type of letters involved in the case.The author determines the type of letters on the basis of confirming the work as writtenworks. Firstly， the involving letters are wrote by Mr Qian in Chinese brush， recorded inlinguistic and letter symbols. The letters are in line with the written works’requirement.Therefore， the involving letters are written works. Secondly， the letters own a wealth ofaesthetic value. They are also in line with the calligraphy works’ requirement. The letters arenot only written works， but also calligraphy works. This makes the case a special one. Part III: The preference of the mode of protection to private letters.Based on the analysis ahead， the identification of which kind the private letters are inthis case is not that simple. These letters can be classified into literary works as well as fineart. No one can just admit one but deny the other. In other words， in terms of copyright law，the focus of this case is to ascertain a better mode to protect private letters rather than toidentify which kind of works private letters are. This thesis will mainly discuss two issues: theadvantage of constructing the protection mode of private letters as literary works and theproblem as fine art. The former is beneficial for the protection of the private letters’copyrightand the client’s right of privacy. The latter will cause the conflict between rights. The ownerof the private letters will infringe the copyright and the client’s privacy. Therefore， it isconcluded that private letters should be focused on their property as literary works. It shallobtain the writers’or the obligee’s permission before these letters get published or are madepublic， and try to avoid to violate the third party’s legitimate interests.Part IV: The fourth part analyses the legal relations among Yang Jikang， Li Guoqiangand Sungari International Auction Co.， Ltd. Based on relevant provisions of written works，this part analyses actions of parties involved and comes to conclusions that Yang Jikang wasinherited property rights in copyright and copyright in the exercise of rights to workspublished from Qian Zhongshu and Qian Yuan by law; Li Guoqiang and Sungari auctioncompany ’s behavior constitutes infringement of intellectual property rights.Finally， fromthe cessation of the infringement and damages Elements starting conclude defendant shallbear civil liability for infringement of intellectual property rights.The fifth part works with conclusions and recommendations. Finally， this paperconcludes that private correspondence should be based on their natures to protect property.Recommendation was made from those four aspects to handle similar situations: rational useof behavior preservation system; adhering to the principle of party autonomy; Adhering to theprinciple of competition intelligence; improving the relevant provisions of the Copyright Law.