厘清复制改编边界确立“二次创作”认定规则

Case Summary - The case involves Wang and Han, who illegally produced and sold high-precision models of comic characters using 3D printing technology without the copyright owner's permission, resulting in over 300 million yuan in illegal profits [1] - The court sentenced Wang to five years in prison and a fine of 8 million yuan, while Han received a two-year and ten-month sentence with a two-year probation and a fine of 500,000 yuan [1] Key Points - The prosecution focused on the copyright ownership chain, verifying the rights transfer from the original copyright holder to the authorized parties, confirming the legitimacy of the rights holders and the completeness of the authorization chain [2] - Multiple comparisons were made to determine the copying relationship, including the examination of various forms of evidence such as product photos and videos, confirming the legality of the evidence collection process [3] - The prosecution reviewed transaction data to confirm the total amount of illegal profits, refuting Wang's claims of double counting in the financial assessment by analyzing shipping records and customer transactions [4] - The case highlights the importance of clarifying the responsibilities of multiple parties in complex authorization relationships, emphasizing the need for solid evidence of rights sources and the legitimacy of the authorization chain [5] - The distinction between non-exact copying and adaptation was emphasized, with the legal definition of copying being applicable regardless of the medium, underscoring the need for originality in claims of "secondary creation" [6] - The case also served as a platform for legal education and public awareness, aiming to clarify the boundaries of copyright protection and the detrimental effects of infringement on the original creative ecosystem [7]