Recently,Sungari Auction Limited Company(“Sungari”)announced that it will hold an auction of

Mr.Qian Zhongshu’sletters on June 22nd,2013 in Beijing.Sixty-six letters of Mr.Qian Zhongshu,

twelve letters of Mrs.Yang Jiang,six letters of Qian Yuan(Mr.Qian Zhongshuundefineds daughter)and

manuscripts of A Cadre School Life:Six chapters andIt Is will be sold on the auction,and parts

of photo prints of the letters and manuscripts have already been disclosedto the public.According

to the news report,Mrs.Yang Jiang set herself against this auction in her public statementon

May 26th and requested Sungari and relevant parties to stop all acts of infringement.

On May 28th,Mr.Zhang Zheng,an arbitrator of Beijing Arbitration Commission,vice-chief of the

Bidding and AuctionLaw Professional Committee of Beijing Lawyers Association and senior partner

of Gaopeng&Partners Law Firm,was interviewed by Beijing News Broadcast.Mr.Zhang clarified

and explained all related legal relationships one by one on this dispute,and gave professional

advices for relevant parties on following right protection.

Mr.Zhang indicated that the property right of the letters and manuscripts sold on the auction

shall belong to Mr.Li Guoqiang,the recipient of the letters and the donee of the manuscripts.

Although we don’t yet know whether the trust relationship has already established between

Mr.Li and Sungari or not,and thereundefineds a third party as donee or not,the Sungari accepted the

authorization to sell the letters and manuscripts do not violate the regulations of Auction

Law in the People’s Republic of China.According to the existing laws,an auction company

has no ability to check status ofproperty right of the object in an auction.

Mr.Zhang said that bringing the personal letters and manuscripts to the public during this

auction is not proper and constitute infringement of copyright of Mr.Qian,Mrs.Yang and

Miss.Qian Yuan.Specifically,that Sungari published most content of the letters and

manuscripts in catalogues during preview has already constituted infringement of right of

disclosure,reproduction and distribution.

About who can claim and preserve the copyright,Mr.Zhang said,Mrs.Yang,as a writer,

obviously has the copyright of her own letters and manuscripts and has the right to maintain

her own legal rights and interests;Mrs.Yang,as the successor of Mr.Qian and Miss Qian,

has the copyright of Mr.Qian and Miss Qianundefineds letters and manuscripts and also has the

right to assert such legal rights and interests.Based on above analysis,

Mrs.Yang is qualified for claiming and preserving the copyright.

The host asked for Mr.Zhangundefineds opinions on privacy right of this issue.Mr.Zhang thought

that the protection of privacy right is too theoretical to practice nowadays,though privacy

right has already included in legal protection system according to tort law in china.

The opinion of the definition and measures of privacy protection and the balance between

privacy right and the public’s right to know is inconsistent in judicial precedent.

Considered the above status,Mr.Zhang said it is better to protect Mrs.Yang’s right

from the aspect of copyright.According to the copyright law in china,Mrs.Yang has

right to apply for pre-litigation preservation of property to make Sungari stop all

infringement acts.In addition,Sungari shall assume legal responsibility if Sungari

keep confidential of its client information.

Please click on the following link to listen the record of the interview.

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(This article is translated by software translator for reference only.)