一项文学财产的衍生权利就连原作者的合法继承人也不能随意使用。码字三十多年,本人的几乎所有文章和书稿都能在网上搜到,而且想点进去详看究竟还要收我的钱,却始终没人付给我一分钱。曾找当事网站质询,人家根本不屑搭理。然后再找律师朋友咨询,答曰:官司可以打,而且还能帮你打赢,但由于中国没有惩罚性赔偿,你打回来的钱还不够覆盖咱俩的时间成本和机会成本,更甭提律师费等相关法律费用。这大概就是关于中国知识产权的残酷而无奈的现实吧。《泰囧》的超常成功引出了“原囧”状告“再囧”的“不正当竞争与著作权侵权”并索赔一亿元人民币的热案。且不论案情和结果如何,窃以为这是一件好事儿:它至少提醒了人们,尤其是告诫了事关知识产权的从业者们,没有白吃的午餐。据揭发,中国的很多电视连续剧都是直接剽窃的美剧,也许是美国太远够不着这边,这些山寨版的中国电视剧尚能大行其道。这种事儿如若发生在美国,观众就再也不用进影院或开电视了,只需围观这些侵权官司带来的各种热闹就足以娱乐其休闲时间了。大家都知道,开启了现代大片时代的标杆之作《教父》是根据马里奥·蒲佐的同名小说改编的。但很少有人知道,这个故事创意是当年派拉蒙的营销精英们侃出来的,只是请了蒲佐来捉刀并为了市场试水的营销目的而决定先发小说再拍电影而已。为此,派拉蒙与蒲佐还在当年(1969年)专门签了一份协议,对相关权利以及后续权利的开发利用和归属进行了明确界定。于是乎,才有了那些经典的《教父》系列影片相继问世,直到1999年蒲佐去世。时间推移到2002年。蒲佐的儿子安东尼·蒲佐为了充分利用父亲留下的文学遗产,找到派拉蒙说要出版一部小说 The derivative rights of a literary property can not be freely used by the legal successor of the original author. Code for more than 30 years, almost all my articles and manuscripts can be found online, but also want to go into the details of what they have to receive my money, but no one has always paid me a penny. Have to find the site of the matter in question, people simply ignore the deal. And then find a lawyer friend consultation, the answer: the lawsuit can play, but also to help you win, but because China does not punitive damages, the money you hit back is not enough to cover both the time cost and opportunity cost, let alone mention Legal fees and other legal costs. This is probably the cruel but helpless reality about China’s intellectual property. “Thai embarrassing” extraordinary success leads to “original 囧 ” sued “embarrassing ” “unfair competition and copyright infringement ” and claims 100 million yuan hot case. Regardless of the merits and the outcome, it is a good thing to steal this: It at least reminds people, especially those who warn about intellectual property rights, that they have no free lunch. It is reported that many TV series in China are directly plagiarized US drama, perhaps the United States is too far beyond the reach of these cottage version of the Chinese TV series is still popular. If such things happen in the United States, the audience will no longer have to go to the cinema or turn on the television, just watch the influx of lawsuits brought about by all kinds of fun enough to entertain their leisure time. As we all know, “Godfather”, the landmark of the modern era, was adapted from Mario Puzzo’s novel of the same name. But few people know that this story was inspired by the marketing elite of Paramount. Instead, she invited Puzuo to catch a knife and decided to go for a fiction movie again for marketing purposes. To this end, Paramount and Pozzo also in that year (1969) signed an agreement specifically for the development of related rights and the subsequent rights and attributions have been clearly defined. Ever since, there are those classic “Godfather” series of films come out, until the death of Pozzo in 1999. The passage of time to 2002. Pazo’s son Antoine Puzzo in order to make full use of his father’s literary heritage, find Paramount said to publish a novel