Zhang X v. Lei X and Zhao X (Disputes over Copyright Infringement)—Necessary Scenes and Limited Means of Expression in Works with the Same Historical Theme are not Protected by Copyright Law

Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)


The historical theme works created on the same theme is the common wealth of society, falls under the category of thoughts and can’t be monopolized by individuals. Everyone is entitled to use and create works in his own way. The necessary scenes unavoidably taken for the creation of such works are not protected by copyright law. The plot embodying the author’s thoughts and feelings belongs to the category of expression, and the original plots are protected by copyright law.

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© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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