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If writing a novel is similar to others, can it violate the reputation of others?

2025-03-04 10:20
I'm a law graduate student, and I'm interested in novel torts. In 2005, the Wuchang District Court found Tu Huaizhang guilty. Both the private prosecutor and the defendant appealed, and the Southern Weekend and other media outlets published it, causing heated discussions. The results of the second trial have yet to be seen. Who knows? Please inform me that you have received it. What do you think about whether writing novels can violate the reputation of others? Please express your opinions. Case: In August 2003, the 390,000-word novel "Human Disaster" was published by Tu Huaizhang, the vice chairman of the Writers 'Association of Wuhan City City and a professor of the Chinese Department of Hubei University. The book described a "extreme left" incident that persecuted the intellectual during the period of bringing order out of chaos: the head of the Liangjiang Normal University, Zeng Wen, used the investigation of the "letter to Jiang Qing" incident to make the young lecturer Yu Weishan suffer political oppression and mental torture. In the end, Yu Weishan was finally able to escape from the bad luck. On October 10, 2004, 13 people filed a criminal supplementary civil lawsuit against Tu Huaizhang on the grounds that Tu Huaizhang had committed the crime of "insult, defamation and causing mental damage." The vast majority of these plaintiffs were faculty members of Hubei University and their spouse. They believed that the place where the story took place in "Human Disaster" was the original "Two Rivers Normal University"(the predecessor of Hubei University), and some of the "villains" in "Human Disaster" were insinuating themselves. On December 30, 2004, the Wuchang District Court dismissed the lawsuit due to insufficient evidence. On April 13, 2005, the Intermediate People's Court of Wuhan City decided to send him back for a new trial. On December 6, 2005, the Wuchang District Court found Tu Huaizhang guilty of defamation and sentenced him to six months of detention. At the same time, the private prosecutor's civil compensation lawsuit was rejected. Before the appeal period expired, both the private prosecutor and the defendant refused to accept the judgment of the first instance and filed an appeal. The "novel copyright" here actually refers to the author's violation of the reputation rights of others through the novel, and does not involve the issue of copyright violation. Do you think writing and publishing non-documentary novels (excluding biographies, historical novels, and other documentary novels) can violate the reputation of others? If not, what was the reason? If he could, what were the conditions?
2025-03-04 14:14

Writing a novel that was similar to others did not necessarily violate the reputation of others. It depended on the degree of similarity and the way of creation. If the similarity was high and the creative method was similar to others, it might violate the reputation of others. In this case, it is recommended to consult the copyright department and respect the rights of the copyright owner.

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