Cases

Hylands Represents Three Defendants in First Instance Proceedings of Copyright Infringement Dispute of the Film "Youth" and Obtains a Winning Judgment

2021-01-15

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A natural person sued Beijing Sparkle Roll Media Co., Ltd., Zhejiang Dongyang Mayla Media Co., Ltd. and Mr. Feng Xiaogang to Beijing Chaoyang District People's Court for copyright infringement for claiming that the movie "Youth" was highly similar to the movie script created by this natural person. As entrusted by the defendants Sparkle Roll Media, Mayla Media and Mr. Feng Xiaogang (hereinafter collectively referred to as "the three defendants"), Hylands served as the litigation agent of the three defendants in the first instance proceedings of this case. 

The controversy focuses of this case included: First, whether the plaintiff was entitled to the copyright of the movie script claimed to be infringed; second, whether the four defendants had access to the script of the plaintiff; third, whether the movie "Youth" constituted copyright infringement. In this case, the main defense lines of Hylands were: First, the subject of the plaintiff was not qualified, and the evidence on file was unable to prove that the plaintiff was the copyright owner of the movie script claimed by the plaintiff; second, the three defendants had no contact with the script of the plaintiff, and the basic elements of copyright infringement were not satisfied in this case; third, the movie "Youth" was completely different from the script of the plaintiff, and the two were independent works without connection, which did not constitute substantial similarity in the sense of copyright law, and the script of the film "Youth" had legal sources. Regarding the second and third defenses by Hylands, Beijing Chaoyang District People's Court accepted them and rejected all of the plaintiff's claims. The defendants prevailed in the first trial of this case. 


The legal service team of Hylands in this case was led by partner Partners Rong YU, Shan TAO, Liyi CHEN and Yingzi LIU, with representatives Yingzi LIU, Jing XU (who has left the Firm), Lei LI, Wei HE and Zixuan WANG.