The hearing of China’s largest ever share price manipulation case in China opened in Beijing this week. Page 8
FRIDAY JUNE 14, 2002
The only graduate student among the locksmiths in Beijing, Wang Chi proves himself to be far more than just a street peddler. Page 9
NO. 57
CN11-0120
Antiques unearthed in Inner Mongolia tell the grand story of a lost nationality. Page 10
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World Cup Over — for China By Chen Ying China’s first World Cup campaign ended yesterday afternoon after the team was defeated by Turkey 0:3. The players seemed nervous in their debut appearance in the World Cup. Chinese fans were disappointed after the 0:2 defeat by Costa Rica in the opening game on June 4. Then four days later, Brazil beat China 4:0. Despite the team’s failure to get through to the second round, China’s head coach Bora Milutinovic still believes Chinese football has a bright future. “The small things make all the difference when you’re in a World Cup for the first time. China has a real future. The Chinese players have learned a lot already.” The team arrives back in Beijing about 11 am today.
Yang Chen comes agonizingly close to breaking China’s goal drought, only to see the ball bounce off the post. Photo by Hu Jinxi By Xiao Rong han Tianfang never imagined that storytelling, the traditional folk art that has made him a household name throughout China, could land him in court. The popular raconteur, along with Anshan Radio Station in Liaoning Province, lost a lawsuit recently, in which he was accused of infringing on the copyright of the book Twelve Flying Darts, written in 1938 by Gong Baiyu,. Gong Yiren and Gong Zhiyu, the children of the author and plaintiffs in the case, accused Shan of using part of the plot of their father’s novel in a story broadcast on Anshan. In the final judgement handed down by Beijing No. 2 Intermediate People’s Court last month, Shan was ordered to make a statement of apology to the plaintiffs for seven consecutive days during the storytelling program on Anshan. He was also ordered to pay 3,900 yuan in compensation. Anshan was fined 2,500 yuan. “I admit my mistake” The 67-year-old Shan is frank in admitting his lack of familiarity with the concept of copyright protection. “I myself totally trust the court, and respect the final judgement,” he said. “Since it was my fault, I am happy to confess my mistake and make appropriate compensation.” Shan told Beijing Today, however, that he was deeply troubled when first accused of infringing another author’s copyright. The year 2000 seemed to be an unlucky one for him. He was hit with two lawsuits, one of which was later dropped, both over copyright infringements. “Storytelling has long been a kind of oral literature, making wide use of source materials from folk arts. So it has always been an accepted practice for storytellers to use and adapt folk tales for our performance,” he said. Shan had no idea that the practice of revising and adapting stories, either from ancient times or by contemporary authors, might risk infringing someone’s copyright. “I really learnt a lesson from this lawsuit, which urged me to familiarize myself with related laws on copyrights. Only in this way can I avoid making similar mistakes in future, and protect my own rights as well.” In fact there have been numerous cases when Shan’s own copyrights have been infringed. Instead of taking legal action against such behavior, he said he would rather focus on his beloved career of storytelling. Besides emphasizing the necessity of familiarizing himself with the relevant laws, Shan said ever since the lawsuit, he has tried to contact authors of those novels he wanted to adapt to the form of storytelling. “To sign contracts with both the authors and the broadcasting stations is a good way for we storytellers to prevent similar disputes on copyrights,” he added. “My company is now in partnership with over 400 radio stations nationwide, so it’s necessary for us to use legal means to protect our own rights.” Creation or adaptation? Shan is not the only practitioner of traditional arts
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Folk Artists Ensnared in Copyright Cases Disputes Highlight Need for Folk Art Protection Legislation Copyright Disputes in Folk Arts * The earliest dispute begins in 1993 when renowned folk singer Wang Luobin is accused of plagiarizing folk songs of the western provinces. * Bai Xiue, a paper-cut artist
Storyteller Shan Tianfang
Photo by Lily
to fall foul of modern legal practices. Renowned vocalist Guo Song was charged earlier this year with infringing the copyright of northeast China’s Hezhen minority nationality with his wellknown Wusuli Boatman’s Song, a song he has been performing for some 40 years. The court case opened with a fierce debate between the plaintiff and the defendant on April 3. The Hezhen township government in Heilongjiang Province and the Hezhen Research Association accused Guo Song of infringing the copyright of the Hezhen folk song the Boatman’s Song. Guo Song was very excited during the interview with Beijing Today. He said the accusation really hurt him a lot. “I had been extolling the Hezhen with songs for over 40 years. They even named me an honorable member of the Hezhen minority. I really didn’t expect they would charge me like this.” The Wusuli Boatman’s Song is inspired by the lo-
from Shanxi province sues the State Postal Bureau in 2001 for infringing on the copyright of a paper-cut work in the design of the stamp for the year of Snake. * Musician Ma Sicong is ac-
cal melodies of the Hezhen, said Guo. Although the song is a folk rhyme, whether the local government or the research association has the right to represent the Hezhen as the plaintiff is not clear. Guo even sang parts of Wusuli Boatman’s Song to demonstrate its difference to the Boatman’s Song. He also pointed out many other music works worldwide that are closely connected with folk arts. “I’m totally confident I will win the lawsuit,” said Guo. “It’s necessary to establish relevant laws to protect the copyright of folk arts, but protection must be based on encouraging, not restricting innovation. Otherwise, no one would feel free to utilize the abundant folk art resources to create great art works.” Legislation to Protect Folk Art Needed The two lawsuits have attracted a great deal of attention, in both legal and arts circles. Wang Fanwu, vice director of the Intellectual Property Court of the Beijing No. 2 Intermediate People’s Court, called for legislation on folk art protection to be accelerated. “There has been no specific regulations regarding the protection of folk artwork in China’s copyright law so far. What actually constitutes folk artworks, who can act as the owner of the folk artwork copyright, how long should folk artworks be protected, all these issues still need to be clarified,” Wang said. “At present it’s difficult for judges to resolve the specific copyright disputes regarding folk artworks that have been increasing in number in recent years.” Liu Xinwen, professor of the China University of Politics and Law, says there are three major differences between folk artworks and ordinary artworks in terms of copyright protection. “According to the international definition, folk artworks are those group-created works that have been handed down from generation to generation and become part of the traditional cultural heritage of a nation. Secondly, creators of folk artworks cannot be
cused of using a Suiyuan folk song of Shaanxi Province in one of his compositions. * Composer Zhao Jiping is accused of copying a folk song of Shandong Province in his popular Brave Man Song in 2000.
individually traced. Thirdly, due to the uncertainty as to the creators, appropriate adaptation of folk artworks is usually encouraged.” Another problem existing in the protection of folk artwork copyrights, is that of how to determine the holder of folk artwork copyright, according to Cui Guobin, a professor from the Intellectual Property College of Beijing University. “In the case of the Wusuli Boatman’s Song, there is no legal evidence up till now that any Hezhen minority residents, organizations or local government can act as the copyright owner of the folk song,” he said. “But most legal experts tend to concede that governments can be the lawful owner of folk artwork copyright.” Comparing the two lawsuits, Wang Fanwu said the Shan Tianfang case was not a typical folk artworks copyright dispute, as the original author of the story could be determined. “The Guo Song case, however, may prove to be a typical folk artwork copyright lawsuit, and the final judgment might set a precedent that could exert some influence on any future legislation concerning folk art copyright protection,” he said. Wang told Beijing Today that the Ministry of Culture and National Copyright Bureau are currently drafting laws to protect folk art. “With the globalization of China’s cultural exchanges, legislation is necessary to protect folk art copyright, so that the essence of out national culture will not be abused or pirated,” Wang said. He added that while the protection of folk arts is important, there should be a balance between protection and development. “After all, every one of us has the right to make full use of, and by doing so, revitalize, the abundant folk art resources of our country.” EDITOR: LIU FENG
DESIGNER: PANG LEI
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