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《此间的少年》
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“金庸诉江南”案大结局!法院:当事人达成全面和解,“同意不算剽窃”!此前江南方被判赔188万元
Mei Ri Jing Ji Xin Wen· 2025-09-20 01:23
Core Viewpoint - The "Jin Yong vs Jiang Nan" case, a significant copyright dispute in the publishing and literary creation industry, has reached a comprehensive settlement after nine years of legal proceedings, marking the end of what is known as the "first case of fan works" in China [1][4]. Group 1: Case Background - The case originated from Jiang Nan's early novel "The Youth of This Place," which heavily utilized characters and elements from Jin Yong's classic martial arts novels, leading to allegations of copyright infringement and unfair competition by Jin Yong in July 2016 [2][3]. - The initial ruling by the Guangzhou Intellectual Property Court recognized the infringement and ordered Jiang Nan to cease the infringing activities, issue a public apology, and pay a total of 1.68 million yuan in damages, along with 200,000 yuan for reasonable expenses to stop the infringement [3]. Group 2: Settlement Details - The parties reached a settlement agreement that included several key points: - They agreed not to classify the actions as "plagiarism" - Jiang Nan acknowledged a lack of knowledge regarding copyright law and the resulting damage to Jin Yong [4] - Jiang Nan committed not to reprint "The Youth of This Place" in its original form and will not use original character names or related content from Jin Yong's works in future editions [4] - The subtitle used in the earlier version of the novel constituted unfair competition [4] - Jiang Nan has fulfilled the compensation amount determined in the previous ruling, and all prior judgments will no longer hold legal effect [4]. Group 3: Legal Implications - The case highlights the complexities surrounding "fan works" and copyright infringement, emphasizing that each situation must be analyzed on a case-by-case basis to determine whether a fan work infringes on the original author's rights [6]. - The court's approach focused on resolving disputes through dialogue rather than strict legal interpretation, aiming to clarify the legal boundaries of fan creations and the standards for recognizing copyright infringement [3][6].