Chapter 196 It depends on whether the copyright is in your own hands

I only listened to Rei Kujou continue to argue.

"It is not legal to copy your own books, and it depends on the specific situation. If the copyright is in the hands of the author himself, then it is legitimate. But in the current case of this case, because the copyright of the suspected plagiarized "Shield Black" belongs to the employer Daisuke Torakura, not in the hands of the ghostwriter Toshiya Taso, so even if Toshiya Tasodo copied his own work, his behavior also constitutes the crime of infringement! ”

After finishing speaking, Reimasa Kujou breathed a long sigh of relief, looked at Gu Meimen, and gradually returned to a smile on his face.

Gu Meimen raised an eyebrow.

is worthy of Reiko Kujo's cousin, and the reaction in this regard is quite quick.

This case is currently a bit twisty, and the meaning of Kujou Reimasa's words is more complicated.

The average person may not understand.

Here is a brief word, and then the whole specific story of the case will be sorted out-

The defendant Daisuke Torakura hired the gunman Toshiya Tasoki to write a book, which was suspected of plagiarizing another part, and at this time, the title author of that part came to sue Daisuke Torakura, and after verification, it was found that both parts were written by the gunman Toshiya Tasoko.

So, if only according to the current case, is the crime of infringement established?

The answer is yes.

Because the copyright of the work written by the gunman is in the hands of the employer, even if the book is written by the gunman, it is actually considered to have been written by Torakura himself.

Therefore, on the surface, it seems that the gunman copied himself, but in fact, Hucang infringed the copyright of another book by the gunman.

Whoever holds the copyright is the subject of the legal relationship.

This is true when it comes to copyright law, and it is also true when it comes to other fields of literary creation.

For example, if you paint a painting and you sell the copyright of the painting to someone, then you can't paint the same painting again for the purpose of making a profit, otherwise it is an infringement, even if you are the original author of the painting.

Similarly, you write that you have signed a contract with a certain site, and the contract states that you want to give the copyright to that site. So, if you fall out with this website in the future, and go to other websites to write, and what you write is very similar to your original one-

Sorry, you're infringing. If the original website sues you, you will lose the case. Even if you give up the right of authorship to that website, and you go to a new website to write a book, you can't use the original pseudonym.

This is the situation that Gu Meimen said before that "the original author counters the defendant for plagiarism".

Of course, the law is the law, and in reality, unless both sides tear their faces, they generally won't do such a thing.

At present, when the average lawyer encounters this situation, he basically loses.

But, who is Komemon?

He had dug the pit beforehand.

"Mr. Taso, do you remember what I just asked you?"

I saw Gu Meimen turn his head and look at the witness Tian Sokuzai with a smile.

"yes, so what?"

Toshiya Tasoku frowned slightly, but he hadn't reacted yet.

But the face of Kujou Reimasa next to him changed, and the smile on his face, which had just recovered for a long time, gradually disappeared again.

Gu Meimen asked the witness what question he had just asked, and of course he remembered it very clearly.

He repeatedly checked with the witnesses to see if the recordings were authentic and reliable.

The answer here is yes.

What you say in court is like water spilled, you can remain silent, but any sentence will become evidence in court.

And later, the plot suddenly reversed.

Gumeimen also gave evidence that both books were written by the witnesses themselves.

It's too bad now, what will it do?

It would make people think that the witness recorded the audio on the premise of having an "inducing speech".

Because the two books were written by him, and in the recording, Hucang asked him to copy his own book, he did not put forward any opinions, but followed Hucang's words, and there was a possibility of "inducing speech".

In this case, the recording cannot be used as evidence.

The so-called "Hucang instructed him to copy books" will not be valid.

In the original recording, Hucang's behavior can be treated as the "principal offender" of the direct principal offender of the tort crime in the criminal law, and he has a strong subjective consciousness, which is a piece of evidence that can prove subjectivity, and the sentence will be very heavy.

Not to mention a heavy sentence now.

Even, in the following cases, the testimony of the witness as a whole will be weakened.

Before that, Reimasa Kujo had studied Komimon's previous lawsuits.

He has a certain understanding of Gumeimen's style, and he will definitely do it.

Sure enough, Gu Meimen immediately made an act that was in line with Kujou Reimasa's conjecture.

I saw him turn around directly and look at the judge on the stage.

"In court, because the witness concealed the facts, there is a possibility that he may induce a speech during the recording process, and this kind of evidence should be counted as invalid and cannot be used as evidence in court!"

The judges looked at each other.

The judge was okay, but the jurors all looked entangled and embarrassed.

The content of the recording can be heard clearly by anyone.

Frankly speaking, except for those female fans, no one will go to stand in the tiger warehouse.

Hucang took plagiarism for granted, and also called it a reference and tribute in the name of this shameless behavior, and I wanted to vomit when I saw it.

Logically, they wanted to convict him directly.

However, according to the law, they cannot do so.

After all, what Gu Meimen said is reasonable, and the truth is true.

The witness may have a certain purpose in order to record this sound, and his testimony can only be regarded as invalid.

Finally, after a discussion among the judges.

The judge could only reluctantly knock down the hammer.

"The witness testimony is invalid, please show evidence that matches the facts!"

As soon as this verdict was announced, it immediately caused a commotion in the courtroom.

People sighed.

It is expected, and it is also in the law, but it is unreasonable.

"Why can't this work!"

Toshiya Tado's eyes widened, his eyes full of incredulity.

"You guys, didn't you hear what that bastard said in the recording? That guy in Hucang doesn't treat other people's works as works at all! ”

The judges looked at him and shook their heads.

There is no way, they can only judge like this.

If it's a small case, it doesn't matter.

But this case is so well-known across the country.

With so many people staring at them, they couldn't just talk nonsense.

"Silence!"

The judge struck his hammer and drank the commotion below.

"Ask the prosecution to present a new point of view, or to come up with new evidence!"

“……”

In the prosecutor's seat, Reizheng Kujo's face changed for a while.

After a long time, he could only sigh.

I have to admit that Gu Meimen's counterattack is really difficult to crack.

After a pause, he raised his head again and looked at Gu Meimen unconvincedly.

True, the case is not over yet.

"Although the recording evidence was invalidated, in this case, the subject of the legal relationship is still the defendant, and the fact of infringement is objectively established! If the defendant still can't produce evidence, it must be dealt with as a crime of infringement! ”

(End of chapter)