Shanghai Pafuluo Cultural Goods Co., Ltd v. Shanghai Art Imagine Stationery Co., Ltd and Shanghai Europe Crocodile Stationery Co., Ltd against Infringement of the Right to Network Dissemination of Information and Modification of Works

 

 

 

[Rule of Law]

This case is against infringement of the copyright which involves the accreditation of the protection of webpage copyright. Before judging whether the involved website and webpage shall be protected by the Copyright Law, we shall firstly decide whether the involved website and webpage have constituted works. According to the provisions of Article 2 of Regulation on the Implementation of the Copyright Law of the People’s Republic of China, the term “works” used in the Copyright Law refers to original intellectual creations in the literary, artistic and scientific domain, in so far as they are capable of being reproduced in a certain tangible form. The webpage is the intellectual creation of the designer, which is commonly capable of being reproduced and is artistic. Original webpage has constituted works which can be protected by the Copyright Law. Webpage works, a kind of multimedia works, shall fall into other works as provided for in Paragraph 9 of Article 3 of the Copyright Law under the current legislative framework.

 

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