[Deputy]: This is also the fault of Beijing Daoxiangcun Food Company, a state-owned enterprise, for using this work. Therefore, this evidence is not relevant to this case.
[Represented]: The third set of evidence is a power of attorney. I also mentioned this during the cross-examination. This is a power of attorney authorized by Beijing Yangxin Ethnic Studio to Hangzhou Silk Road Culture Co., Ltd. The subject of this power of attorney is
Beijing Yang Xin Ethnic Studio, not the natural person plaintiff Yang Xin.
[Deputy]: So as an organization or a non-natural person unit, compared with the same evidence as the plaintiff's natural person today, its comparability does not exist.
[Deputy]: We have also noticed that the date is August 8, 2007. This is evidence issued after the plaintiff entrusted a legal worker to inform the defendant of the possible use of the plaintiff's work. The content of this evidence is compensable in this case in terms of time.
suspicion, so it has no authenticity, legality or relevance.
[Represented]: Notarization fees and attorney fees for evidence four are subject to legal judgment and there is no objection.
[Presiding Judge]: Plaintiff, do you have anything to add to the defendant’s cross-examination comments?
[Original]: First, the defendant raised the issue of relevance.
Because the book stated that the author was the plaintiff Yang Xin, the notarial certificate stated that the defendant used the plaintiff’s work.
[Original]: Second, regarding the power of attorney and the settlement agreement, we believe that there is no problem with the authenticity because the settlement agreement has been actually performed. Although the contract is not complete, the content is true [Original]
]: In the third settlement agreement reached between Beijing Daoxiangcun and Yang Xin, Yong Furuizhong mentioned above that they will continue to use it, but it should be noted that they are exclusive. Both of them only have two works.
[Original]: The first settlement agreement compensated 200,000 yuan, and the second settlement agreement compensated 80,000 yuan. This kind of use is not long-term use but limited use. From the number of uses and the amount, we can judge what we require.
The amount of compensation is very reasonable.
[[Original]: In addition, the other party’s agent mentioned the issue of Yang Xin’s subject. Yang Xin Ethnic Studio was just a name he gave, not a legal person, so the subject should still be Yang Xin himself.
[Presiding Judge]: Plaintiff, you now claim that the defendant used your paintings in a brief manner, in terms of amplitude, size and other circumstances.
[Original]: First of all, the quantity is large. Some infringing units only use one or two pictures, but the defendant’s use of such a large number is unprecedented, reaching 70 pictures, and on important occasions.
[Original]: Furthermore, they enlarged the picture and destroyed the integrity of the work. They deleted the author's signature through technical processing and added text to the work. Although these words are related to the work, they are not related to the work.
There are no such words in the original work. These are manifestations of the defendant's infringement.
[Original]: They usually publish three or four paintings on their works, with a height of about two to three meters, which is convenient for viewing.
Since the size cannot be measured, we can only estimate that it should be about two to three meters high and about one meter wide.
[Presiding Judge]: Plaintiff, please present to the court the status of the copying activities you claim to be infringing, whether you have done any comparison work, and other relevant circumstances.
(Projector display omitted) [Original]: There is a reversal on "Selling Diabolo" on page 201 of "Old Trades in the Capital".
The one on display now is Yang Xin's work on page 21 of "Outside the Front Gate" on the left, and the one used in the International Hotel on the right.
The International Hotel added a text description on the right side of Yang Xin's work, which destroyed the integrity of Yang Xin's work [original]: Yang Xin's work should have been boxy, with the corners very clear.
The defendant blurred the edges during use.
There is also a 109-page "Don't Be Afraid of Poverty" from "Beyond the Front Gate". The text is used on the left side of the Beijing International Hotel and has been deleted and altered around it, infringing the right to protect the integrity of the work.
[Original]: There is also the picture on page 65 of "Old Trades in Beijing". International Hotel deleted it during use, which infringed Yang Xin's right of signature, right to protect the integrity of the work, and right to modify.
The above two works of International Hotel also infringed on Yang Xin's right of signature, right to protect the integrity of the film, and right to modify.
[Original]: Yang Xin’s work “Playing with Pigeons” was also infringed upon by International Hotel.
[Presiding Judge]: Does the defendant have any objections?
[Deputy]: It was not used by the defendant Beijing International Hotel, but by the Beijing Film and Television Training Center for commercial purposes. The results of their use were used as decorative materials on the walls of the defendant's 28th floor, because the pictures were used in the last court hearing.
During the cross-examination, since it was certified by Nortel, we also followed suit.
[Presiding Judge]: Does the defendant admit that these pictures were spray-painted on the walls of the International Hotel?
[Quiet]: Because it was used by Nortel and they approved it, we also approved it at that time.
I agree with the fact that these pictures are used on the walls of the 28th floor restaurant of the International Hotel.
[Presiding Judge]: Does the plaintiff have any new evidence to submit to the court?
[Original]: No.
[Presiding Judge]: Next, the defendant will present evidence and explain the purpose of proof.
[Deputy]: Submit eight pieces of evidence.