Dispute over Copyright Infringement

· Source： Other Cases 

· Instrument Type： Judgment

· Procedural status： Trial at First Instance

· Judgment date：12-25-2014

· Type of Dispute： Copyright Ownership & Infringement 

Chen Zhe v. Yu Zheng, Hunan eTV Culture Media Co., Ltd., Dongyang Huanyu Film and Television Culture Co., Ltd., Wanda Media Co., Ltd. and Dongyang Xingrui Film and Television Culture Media Co., Ltd. for Copyright Infringement
The Third Intermediate People's Court of Beijing Municipality
Civil Judgment
(No. 07916 [2014], First Instance, Civil Division, 3rd IPC)

BASIC FACTS 
Plaintiff: Chen Zhe (pen name: Qiong Yao), female, Han ethnicity, born on April 20, 1938, writer, playwright, domiciled at (omitted).
Defendant: Yu Zheng (pen name: Yu Zheng), male, Han ethnicity, born on February 28, 1978, playwright, producer, domiciled at (omitted).
Defendant: Hunan eTV Culture Media Co., Ltd., domiciled at Room 801, Main Building, Golden Eagle Film and Television Culture City, Kaifu District, Changsha City, Hunan Province.
Legal representative: He Jin, executive director.
Defendant: Dongyang Huanyu Film and Television Culture Co., Ltd., domiciled at C1-026-D, Hengdian Chinese Film Industrial Park, Jinhua City, Zhejiang Province.
Legal representative: Ma Jinping, executive director.
Defendant: Wanda Media Co., Ltd., domiciled at Suite 2001, Building 12, 93 Jianguo Road, Chaoyang District, Beijing.
Legal representative: Ding Benxi, executive director.
Defendant: Dongyang Xingrui Film and Television Culture Media Co., Ltd., domiciled at C1-016-D, Hengdian Chinese Film Industrial Park, Jinhua City, Zhejiang Province.
Legal representative: Zhan Na, manager.

This Court, after accepting the copyright infringement dispute case filed by plaintiff Chen Zhe against defendants Yu Zheng, Hunan eTV Culture Media Co., Ltd. (hereinafter referred to as “Hunan eTV”), Dongyang Huanyu Film and Television Culture Co., Ltd. (hereinafter referred to as “Dongyang Huanyu”), Wanda Media Co., Ltd. (hereinafter referred to as “Wanda”) and Dongyang Xingrui Film and Television Culture Media Co., Ltd. (hereinafter referred to as “Dongyang Xingrui”) on May 28, 2014, formed a collegial bench as legally required to try this case. Defendants Yu Zheng, Hunan eTV Company, Dongyang Huanyu, and Dongyang Xingrui filed motions respectively to challenge this Court's jurisdiction during the period of submitting their statements of defense. As found out by this Court in an oral hearing, defendant Wanda as one of the producers of the television series of The Palace: The Lost Daughter (hereinafter referred to as “The Palace”) is domiciled in Chaoyang District of Beijing within the territorial jurisdiction of this Court. Therefore, this Court has jurisdiction over this case. This Court ruled to dismiss the motions of defendants Yu Zheng, Hunan eTV, Dongyang Huanyu, and Dongyang Xingrui to challenge the jurisdiction of this Court over this case. None of the parties to this case appealed within the statutory period after this civil ruling was rendered, and this ruling to dismiss motions to challenge the jurisdiction of this Court took effect.
After the procedures for the substantive trial of this case began, this Court organized pre-trial cross-examinations between the plaintiff and defendants on September 15, 2014, and October 15, 2014. Before this Court officially held a session, this Court recommended that each party retain a person with expertise in the creation of film and television scripts as the party's assisting expert, and plaintiff Chen Zhe retained Wang Hailin, a professional playwright, to appear in court as her assisting expert. An open court session was held on December 5, 2014, to try this case. Attorneys Wang Jun and Wang Liyan of plaintiff Chen Zhe, attorney Ma Xiaogang jointly retained by defendants Yu Zheng and Dongyang Huanyu, attorney Tao Xinliang of defendant Yu Zheng, attorney Han Ying of defendant Dongyang Huanyu, attorneys Li Xiangnong and Qiu Pengfei of defendant Hunan eTV, attorneys Yu Jun and Xie Tong of defendant Wanda, and attorneys Yu Rong and Zhu Yuzi of defendant Dongyang Xingrui appeared in court to represent their clients. The trial of this case has concluded.
In the complaint, plaintiff Chen Zhe (pen name: Qiong Yao) alleges that: She composed the telescript and novel of Plum Blossom Scar from 1992 to 1993, and has since enjoyed complete copyright in such works independently (including but not limited to the right of adaptation and cinematographic rights). The aforesaid works have been published in Chinese mainland many times, with a vast readership and significant social recognition and influence. From 2012 to 2013, defendant Yu Zheng (pen name: Yu Zheng), without the authorization of the plaintiff, adapted the core original scenes in the plaintiff's works in his composition of the telescript of The Palace, and defendants Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui jointly produced the television series of The Palace (a.k.a. The Return of Phoenix: Liancheng), in which almost all of the core relations among characters and plots of the plaintiff's works were copied and used, gravely infringing upon the copyright legally enjoyed by the plaintiff. Before the defendants' infringement was discovered, the plaintiff was devoting herself to the adaptation of her works of Plum Blossom Scar into a new telescript of The Legend of Plum Blossom Scar. The defendants' infringement, as a substantial impediment to the plaintiff's script writing and the following production of the television series, has completely ruined the plaintiff's composition efforts, and inflicted huge mental distress on the plaintiff, whereas the defendants have enormously benefited from their copyright infringement.
According to the current broadcasting of the infringing television series on TV channels and the Internet, it may be preliminarily estimated that the series has brought a huge amount of commercial benefits to the defendants. The plaintiff released an open letter on the Internet to condemn defendant Yu Zheng's infringement, but Yu Zheng refused to admit his infringement by brazenly saying that it was “coincident and accidental,” without any respect for the plaintiff's copyright. Therefore, plaintiff Chen Zhe instituted the action to request this Court to: (1) determine that the five defendants had infringed upon the plaintiff's right of adaptation and cinematographic rights in her telescript and novel of Plum Blossom Scar; (2) order that the five defendants cease all TV broadcasting, dissemination on information networks, and production and sale of audio-video recordings of the television series of The Palace; (3) order that defendant Yu Zheng make a public apology recognized by the plaintiff in writing in the conspicuous positions of sina.com.cn, sohu.com, letv.com, and ifeng.com; (4) order that the five defendants jointly and severally compensate the plaintiff in an amount of 20 million yuan; (5) order that the five defendants assume the reasonable expenses incurred by the plaintiff for this case in a total amount of 313,000 yuan; and (6) order that the five defendants assume all the court costs of this case.
In a jointly submitted statement of defense, defendants Yu Zheng and Dongyang Huanyu argue that: First, the plaintiff's copyright owner status is doubtful. The named playwright of the television series of Plum Blossom Scar is Lin Jiuyu, and, therefore, Lin Jiuyu should be the author and copyright owner of the script of Plum Blossom Scar. For this reason, the plaintiff is not qualified as a party to this case. The script of Plum Blossom Scar has never been published, and it is impossible for the defendants to have access to the content of the script. In addition, the broadcasting of the television series of Plum Blossom Scar is not the publication of the script of Plum Blossom Scar. Second, the copyright works claimed by the plaintiff are ambiguous. The copyright owners of the so-called script, novel, and television series of Plum Blossom Scar cannot be substantiated, nor the defendants' access to them. Therefore, the plaintiff's allegations lack both factual and legal basis. The script of Plum Blossom Scar submitted by the plaintiff was authenticated after this case was filed, and may have been amended according to the television series of The Palace after its broadcasting. A comparison on this basis definitely would result in very high similarity between the two. Therefore, the authenticity of the content of the script of Plum Blossom Scar is questionable. Third, the alleged infringing relations among characters, bridge plots, and combinations of bridge plots are specific scenes, public domain material, or limited expressions that are not protected by copyright law, as held in a large number of cases. The plaintiff should not have a monopoly of the expressions in a romance play simply because she wrote them. The defendants disagree that these bridge plots are expressions of works. These bridge plots alleged in this case are ideas of the plaintiff from imagination, rather than expressions of works. Fourth, the plaintiff's allegation that the defendants adapted the plaintiff's works does not stand in fact. The defendants' work is an independent creation. The defendants have evidence that Yu Zheng independently created the script of The Palace based on a great deal of material collated by him for the creation of the script, which is a work protected by law. The theme and ideas of works alleged by the plaintiff are not protected by copyright law. To sum up, the relations among characters, the relevant scenes, and the plot alleged by the plaintiff are all not protected by copyright law; the script and television series of The Palace are not similar to script and novel of Plum Blossom Scar in terms of expressions of specific scenes, and also differ in the sequence of scenes according to the allegations of the plaintiff; and even if there are any similarities between them, they are not in the scope of protection by copyright law, or originate in other sources of creation. In addition, the defendants have noticed the plaintiff's extensive use of public opinion and media before and after she filed the lawsuit. Therefore, all the claims of the plaintiff should be rejected for lack of both factual and legal basis.
In its statement of defense, Hunan eTV argues that: First, the plaintiff's status as the copyright owner of the script of Plum Blossom Scar is doubtful for the same reasons as mentioned in the statement of defense jointly submitted by defendants Yu Zheng and Dongyang Huanyu. In addition, the playwright and the producer of a television series should have entered into a contract with provisions on the copyright owner of the script, but the plaintiff has never provided such evidence on the copyright owner. Therefore, the plaintiff is not qualified as a party to this case. The script of Plum Blossom Scar was created earlier than the novel with the same name, and the novel has no originality. The authenticity of the script of Plum Blossom Scar submitted by the plaintiff is questionable for the same reasons as mentioned in the statement of defense jointly submitted by defendants Yu Zheng and Dongyang Huanyu. Second, because Hunan eTV did not participate in the creation of the script of The Palace, it did not infringe upon the plaintiff's right of adaptation. Third, Hunan eTV, as the co-producer of the television series of The Palace, has reasonably fulfilled its duty of care, has undergone all administrative licensing formalities with the administrative department of radio, film and television as legally required, and produced the television series of The Palace with the authorization of defendant Yu Zheng. Therefore, the plaintiff's allegation on Hunan eTV's infringement lacks basis. Fourth, the methods adopted by the plaintiff for work comparison are not rational, and the plaintiff's summarization of scenes in the script and television series of The Palace is inaccurate. The plaintiff pieced together at will the scenes in the aforesaid for her own lawsuit purposes, failing to reflect the true original state of the two works. In fact, the script and television series of The Palace are different from the script and novel of Plum Blossom Scar in terms of lines and other content. Fifth, the plaintiff has never defined the boundary for the protection of her copyright, and abuses her rights. Only original expressions should be protected, and defining the boundary of her rights and the scope of protection are the basis for the trial of this case. The summaries of 21 scenes listed by her fail to satisfy the provisions of law. Sixth, the plaintiff has deliberately enlarged the scope of similarities. There are commonly used forms of expression for this type of theme. Seventh, the relations among characters and bridge plots, among others, summarized by the plaintiff are all ideas and facts not protected by copyright law. Anyone may create works by expressing his or her own ideas and emotions, and any author has the right to create works by choosing themes and material in which he is interested. Moreover, the script and television series of The Palace are more complicated than the script and novel of Plum Blossom Scar in terms of relations among characters, expression of plot, and story clues, among others, and the specific corresponding expressions in the plaintiff's works and The Palace are not similar. Eighth, even if the script of The Palace has infringed upon the plaintiff's right of adaptation of the script and novel of Plum Blossom Scar, Hunan eTV has not infringed upon the plaintiff's cinematographic rights, because the adaptation is a new independent work. The production of the television series by the three defendants based on the script of The Palace does not constitute infringement in accordance with the provisions of relevant laws of China. Script is only one factor for the production of a good television series, and a script may have hundreds of bridge plots. Even if 21 bridge plots from the works of the plaintiff are used, it is unreasonable to require cessation of distribution and payment of damages, because it may severely impede cultural development. Theoretically speaking, the plaintiff should be compensated by the infringing adaptor. Because the innocent party has paid a corresponding consideration to the infringing adaptor, the plaintiff is evidently requesting excessive protection by claiming damages from the innocent party. Therefore, all the claims of the plaintiff should be rejected for lack of both factual and legal basis.
In its statement of defense, defendant Wanda argues that: First, Wanda only invested in the television series of The Palace, it neither has copyright in the television series nor participated in the submission for approval, publicity and other activities related to the television series. It has no intent of infringement, nor has committed any infringement in fact. All these have been explicitly agreed upon in the defendant's investment agreement. Wanda has no idea of the adjustments to the synopsis during the production of the television series, and should not be liable jointly and severally for infringement. Second, there are many differences between the script and television series of The Palace and the plaintiff's works. Although there are certain similar scenes such as the child switch at birth, the characterization therein, among others, is evidently different from that in the plaintiff's works of Plum Blossom Scar. The sad and restrained style of the plaintiff's works is more like a genre of the 1990s, whereas the television series of The Palace is a work with multiple storylines with originality distinct from the literal works of Plum Blossom Scar. Third, The Palace is evidently an original work, without infringement upon the copyright of the plaintiff. Whether the similarities are usual expressions should be first judged without consideration of the ideas, and then comparison is conducted to determine any similarities. Infringement is established only when such similarities affect the right holder's personal or property right. The original ideas for the plot of the television series of The Palace come from the public domain. The work of Plum Blossom Scar only has 120,000 characters, and the relations among characters in the television series of The Palace are the usual expressions of plays involving the palace of Qing Dynasty. Moreover, there are also many similar scenes in the public domain. Even if the court affirms the similarity of these scenes, these scenes only account for 70-odd minutes of the television series of The Palace. Therefore, Wanda considers that the television series of The Palace is evidently an original work without infringing upon the plaintiff's copyright. The plaintiff's allegation of infringement upon her right of adaptation and cinematographic rights should be rejected for lack of both factual and legal basis.
In its statement of defense, Dongyang Xingrui argues that: First, it agrees with Yu Zheng, Hunan eTV, Dongyang Huanyu, and Wanda. Second, the plaintiff is requesting protection of the relations among characters, the scenes, and plot of the script and novel of Plum Blossom Scar. The relations among characters in Plum Blossom Scar are only relations between lovers and between master and servant, among others, which are not protected by copyright law. Third, the 21 scenes alleged by the plaintiff are highly generalized ideas rather than the scenes in copyright Law. Even if some of the alleged scenes are similar, they are ideas not protected by copyright law, and the whole works in dispute are not similar either. Plum Blossom Scar expresses love and destiny, but love is always the single storyline, whereas The Palace has multiple storylines. The two are also different in the manner of expression. The bridge plots summarized by the plaintiff are all in chronological order without originality, and are different from those in the television series of The Palace in terms of specific expressions. Therefore, all the claims of the plaintiff should be rejected for lack of both factual and legal basis.
JUDGMENT'S REASONING 
As found by this Court through trial:
I. Facts regarding the creation and publication of the script, novel and television series of Plum Blossom Scar
The composition of the script of Plum Blossom Scar, including 21 episodes, was completed in October 1992, and was not published in paper form. The content of the television series of Plum Blossom Scar produced based on the script is highly consistent with the script. Including 21 episodes, this television series was produced by Yiren Media Co., Ltd., premiered on television in Taiwan Region on October 13, 1993, and premiered on television (Hunan TV Channel 1) in Chinese mainland on April 13, 1994. The named playwright is Lin Jiuyu as shown in the credit of the television series of Plum Blossom Scar. Lin Jiuyu issued a notarized Statement on June 20, 2014, declaring that she assisted the plaintiff in completing the script only as the plaintiff's assistant. During that period, Lin Jiuyu was responsible for transcribing the plaintiff's narration in the entire process of her composition of the script and collating the text of the script. Lin Jiuyu also declared in her Statement that the script of Plum Blossom Scar was created independently by the plaintiff and the plaintiff solely enjoys all copyright and related rights in the script from the very beginning.
The novel of Plum Blossom Scar, as an adaption of the script of Plum Blossom Scar, was completed on June 30, 1993, published in Taiwan Region on September 15, 1993, and published in Chinese mainland in the same year. Its primary plot is basically the same as that of the script of Plum Blossom Scar. The author of the novel of Plum Blossom Scar is the plaintiff in this case.
II. Facts regarding the relevant content of the script and novel of Plum Blossom Scar
1. Synopsis of the script of Plum Blossom Scar
In the reign of Emperor Qianlong of the Qing Dynasty, in the House of Prince Shuo in the capital city, Qianrou, the consort of Fucha (Prince Shuo), has given birth to three girls in a row, and Prince Shuo has no son. Qianrou is pregnant again, and prays for a baby boy this time. Pianpian, a dancer from a northwest Muslim area of China as a birthday gift to Prince Shuo, is adored by Prince Shuo, and becomes Prince Shuo's concubine. Qianrou's position in the family is seriously threatened. Wanrou, Qianrou's elder sister, suggests that if Qianrou gives birth to another girl, the girl be switched with a boy at birth. Three months later, Qianrou gives birth to a girl, and switches the girl with a boy at birth. Before sending her newborn daughter away, Qianrou leaves a plum blossom brand on her shoulder with a plum blossom-shaped hairpin for future reunion. The newborn girl is abandoned by Wanrou near a stream on the same night. Street artists Bai Shengling and his wife sing for a living, and when they are practicing one day near a stream, they hear a baby's crying, and find the abandoned baby girl. They find no clue to her family but a plum blossom brand on her shoulder. The couple is very fond of this girl, and adopts her as Bai Yinshuang. The baby boy in the switch becomes Prince Shuo's eldest son named Haozhen. Concubine Pianpian gives birth to a boy named Haoxiang later. Haozhen grows up into a pride of the entire family, not only because he stands out in both literature and martial arts, but also for his kindness as shown in his experience of capturing and releasing a white fox. Qianrou is proud of Haozhen, but often thinks of her biological daughter abandoned by her on the night of labor.
Twenty years after the switch, Haozhen comes to Longyuan Hotel, and sees Yinshuang singing with Bai Shengling there. Duolong, beizi or Prince of the Fourth Rank, who finds her young and pretty, comes up to flirt with Yinshuang. Haozhen intervenes to save Yinshuang, and defeats Duolong and his muscles. Since then, Haozhen often goes there to listen to Yinshuang singing, and his love for Yinshuang grows gradually.
Haoxiang, Haozhen's younger brother, has always been resentful to his born of a concubine, and is jealous of and holds a drudge against Haozhen. By accident, Haoxiang hears from Duolong about Haozhen's involvement in a fight with Duolong to save Yinshuang, and then tells Prince Shuo of the fight. Prince Shuo is very angry, scolds Xiaokouzi, the servant of Haozhen, for being a bad influence on Haozhen, and punishes Xiaokouzi by beating him with a rod. To protect his favorite personal attendant, in a moment of desperation, Haozhen throws himself to the rod. Seeing Haozhen beaten with a rod, Qianrou is heartbroken, and implores Prince Shuo to stop beating. Prince Shuo finally agrees.
During the days when Haozhen and Yinshuang cannot meet, Bai Shengling notices that Yinshuang has something on her mind, reminds her of the wide gap in social status between her and Haozhen, and persuades her to end her feelings for Haozhen. Yinshuang denies her affection for Haozhen. Duolong comes to Longyuan Hotel again with his muscles, attempting to forcibly bring Yinshuang to his place. Seeing that Yinshuang is in danger, Bai Shengling fights back, but is beaten up and gravely injured. Yinshuang seeks medical treatment of her adoptive father, but Bai Shengling dies despite medical treatment. On his deathbed, Bai Shengling mentions the pickup of Yinshuang as a baby girl many yeas ago. After Bai Shengling's death, Yinshuang is kicked out of Longyuan Hotel, and stays in a deserted temple with Bai Shengling's corpse.
Haozhen passes by Longyuan Hotel again, and learns about Yinshuang's suffering and Bai Shengling's death. With his servants, he goes to Tianqiao Market to look for Yinshuang, who is selling herself to bury his father. Haozhen saves her again by defeating Duolong and his muscles, and buries Bai Shengling for Yinshuang. As suggested by Xiaokouzi, Haozhen settles Yinshuang who is all alone in the yard house of Xiaokouzi's distantly related aunt-in-law, and Yinshuang finally has a place to stay. From then, Haozhen visits Yinshuang from time to time. Ruier, a dancing girl in the House of Prince Shuo is raped by Haoxiang, and commits suicide by drowning herself in a lake. Depressed, Haozhen goes to see Yinshuang, and mentions to Yinshuang his experience of capturing and releasing a white fox. Yinshuang then asks for Haozhen's tassel made of fur of white fox. One day, Yinshuang goes out to make a screen embroidered with a white fox as a gift for Haozhen. Haozhen goes to the yard house to see Yinshuang, but she is not there. He is afraid that Yinshuang may run into a villain again, and becomes very anxious. Yinshuang comes back in the rain, Haozhen blames her in a fit of anger, but his heart is touched when he becomes aware that Yinshuang went out to prepare a gift for him. The two confide in each other and get married without parents' consent on the day. On the very day, Haozhen notices the plum blossom scar on Yinshuang's shoulder. Haozhen runs into Qianrou after he returns to the House of Prince Shuo. Pressured by Qianrou, he tells Qianrou his affair with Yinshuang, and Qianrou agrees to meet Yinshuang in the yard house. In her meeting with Yinshuang, Qianrou asks Yinshuang to leave Haozhen by offering her money, but Yinshuang rather dies than betrays her true love, and Haozhen feels even more painful. Qianrou is greatly moved, and agrees to arrange for Yinshuang's entry into the House of Prince Shuo later. Both Qianrou and Nanny Qin feel that Yinshuang looks just like Qianrou in her younger days.
The Emperor orders a marriage between Princess Lanxin and Haozhen. The entire House of Prince Shuo is overjoyed, and Prince Shuo and Qianrou exceptionally feel honorable. Haozhen is depressed after knowing the ordered marriage, because his heart belongs to Yinshuang. After the ordered marriage, Haozhen refuses to consummate the marriage with Lanxin for several days on multiple excuses. To force Haozhen to consummate the marriage, Qianrou agrees to bring Yinshuang into the House of Prince Shuo. Yinshuang enters the House of Prince Shuo as a servant girl to serve Qianrou in the name of the adopted daughter of Xiaokouzi's aunt-in-law. One day, Lanxin runs into Haozhen and Yinshuang in one room, and their affair is exposed. As suggested by Nanny Cui, Lanxin asks Qianrou to transfer Yinshuang to serve her, and takes every opportunity to bully Yinshuang. One day, Lanxin punishes Yinshuang in private, and Haozhen cannot tolerate it any more. He then officially announces to the entire family to take Yinshuang as his concubine, and discovers by accident that Yinshuang is pregnant. Learning that Haozhen and Lanxin do not get along with each other, the Emperor calls Haozhen in. Haozhen's explanation deeply moves the Emperor, who does not punish Haozhen but advises him to be kind to Lanxin. Later, Yinshuang is framed and accused of infidelity. She runs out and stumbles, and Haozhen tries to get hold of her but tears her sleeve apart. Her plum blossom scar appears, and is seen by Qianrou. Qianrou recognizes her as her biological daughter abandoned by her many years ago. Qianrou asks Yinshuang about her past, and vows to protect her daughter. After persuasion by Nanny Cui, Lanxin realizes that her tense relationship with Haozhen can be eased only by making peace with Yinshuang. She brings nutrient supplements in person to Yinshuang to offer truce, but is misunderstood by Haozhen who thought that she was trying to poison Yinshuang. In a fit of rage, Lanxin drinks the nutrient soup to prove her innocence. In the House of Prince Shuo, rumor has it that Yinshuang is the white fox set free by Haozhen in hunting years ago and reincarnated as a human being to repay Haozhen for his kindness. Lanxin invites a master to exorcise the fox spirit. Yinshuang is tortured and humiliated again. Qianrou with others comes to Yinshuang's rescue, and in a moment of desperation, she tells Yinshuang her true identity. Yinshuang refuses to recognize Qianrou as her mother in order to protect Haozhen. Learning that Haozhen does not get along with Lanxin because of Yinshuang and Lanxin is on the verge of a mental breakdown, the Emperor is outraged, and orders Yinshuang to become a nun. Qianrou cannot bear the ruin of Yinshuang's life, and in a moment of desperation, tells Prince Shuo the truth of the child switch at birth. After knowing the truth, Prince Shuo plans to secretly escort the escape of Haozhen and Yinshuang. Haoxiang also learns the truth, and feels unfair. To avoid the disclosure of the truth, Prince Shuo confines Haoxiang to his room. Sad and angry, Pianpian informs Lanxin of the secret, which leads to the Emperor's punishment of the entire House of Prince Shuo. The Emperor orders the death penalty on Haozhen. Yinshuang goes to the execution ground to see Haozhen for the last time, and they make a promise to die together when the noon bell chimes. Just when the time comes for Haozhen's execution, the Princess arrives at the execution ground with a decree from the Emperor to pardon Haozhen from the death penalty, but Yinshuang hangs herself and dies when the noon bell chimes. Without any attachment to the world, Haozhen disappears into the wild with Yinshuang's corpse.
2. Differences in content between the novel of Plum Blossom Scar and the script of Plum Blossom Scar: The synopsis of the novel of Plum Blossom Scar is basically the same as that of the script of Plum Blossom Scar except the following scenes: Bai Shengling and his wife find a baby girl near a stream; Bai Shengling tries to persuade Yinshuang to give up her feelings for Haozhen; Xiaokouzi is punished by Prince Shuo after Prince Shuo is informed by Haoxiang of a fight; and Lanxin offers truce to Yinshuang as suggested by Nanny Cui but is misunderstood. Prince Shuo's consort, Qianrou, and her elder sister, Wanrou, in the script of Plum Blossom Scar are Xueru and Xueqing respectively in the novel of Plum Blossom Scar. The scenes in the novel of Plum Blossom Scar from the Emperor's order of marriage to Yinshuang's entry to the House of Prince Shuo are arranged in the following sequence: Haozhen often goes to Longyuan Hotel to listen to Yinshuang singing after defeating Duolong and his muscles, and his love for Yinshuang grows gradually. Later, the Emperor orders a marriage between Princess Lanxin and Haozhen. The entire House of Prince Shuo is overjoyed, and Prince Shuo and Xueru exceptionally feel honorable. Haozhen is depressed after knowing the ordered marriage, because his heart belongs to Yinshuang. On March 15, as ordered, Haozhen and Lanxin get married, before which Haozhen has married Yinshuang without parents' consent and noticed the plum blossom scar on Yinshuang's shoulder. After the ordered marriage, Haozhen refuses to consummate the marriage with Lanxin for several days on multiple excuses. In a moment of desperation, he tells Xueru his affection for Yinshuang. Xueru goes to the yard house to meet Yinshuang, and tries to persuade Yinshuang to leave Haozhen by offering her money, but Yinshuang rather dies than betrays her true love. Xiaokouzi suggests that Yinshuang enter the House of Prince Shuo as a servant girl in the name of the adopted daughter of his aunt-in-law. Xueru is deeply moved by Yinshuang, and accepts Xiaokouzi's suggestion. Yinshuang enters the House of Prince Shuo as a servant girl to serve Xueru. In the novel of Plum Blossom Scar, after knowing the truth of the child switch at birth, Haoxiang and Pianpian go to the palace together to expose the secret.
III. Facts regarding the script of The Palace and the creation and publication of the television series of The Palace
Defendant Yu Zheng is the author as indicated on the Certificate of Work Registration of the script of The Palace (a.k.a. “The Return of Phoenix: Liancheng”) and the named playwright of the television series of The Palace. The script includes 20episodes. The composition of the script was completed on July 17, 2012, as indicated on the Certificate of Work Registration. The script was first published on April 8, 2014. Yu Zheng issued a Statement ofAuthorization to Hunan eTV on June 5, 2012. In addition, according to the timeline of the creation of the script of The Palace as provided by defendants Yu Zheng and Dongyang Huanyu, Yu Zheng completed the synopsis around June 2012, completed the scene-by-scene drafts of three episodes and the draft of storylines in July, started the creation of the scene-by-scene outline, and started the composition of specific episodes in October 2012. The script was basically finalized at the end of 2012.
The television series of The Palace was shot according to the script of The Palace, and the names of producers in the credit at the end of each episode of The Palace are, in turn, Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui. The finished television series of The Palace has two versions: the uncut 44-episode version broadcast on the Internet and the 63-epicode version broadcast on television. The version broadcast on television premiered on Hunan TV on April 8, 2014.
IV. Facts regarding the relevant content of the script and television series of The Palace
1.Synopsis of the script of The Palace
In the reign of Emperor Qianlong of the Qing Dynasty, Nalan Yingyue, the consort of General Fucha, has given birth to three daughters. The General has no son, is especially fond of maid Rumei, and takes Rumei who is pregnant as his concubine. The position of Yingyue in the General's House is threatened. To maintain her position in the General's House, Yingyue plots a “switch of a girl with a boy at birth” with her personal nanny Guo. At the night of labor, Yingyue gives birth to a girl again. She switches her own daughter with a bought baby boy. The newborn baby girl is abandoned by Nanny Guo near a stream. Before the baby girl is abandoned, Yingyue discovers that the baby girl has a red birthmark on her shoulder. Liniang, the procuress of Yingfangge, a brothel, has no child. One day, when she and other singers and dancers are practicing near a stream, she hears a baby crying. Following the crying, she finds the baby girl abandoned from the General's House. Loving the baby very much, she adopts her, and names her Liancheng. Liniang also discovers the red birthmark on Liancheng's shoulder. The baby boy obtained by Yingyue through the switch is named Fucha Hengtai, as the eldest son of the Fucha family. Rumei later also gives birth to a son for the General, who is the second son of the Fucha family and is named Fucha Mingxuan. Hengtai grows up in the General's House. In his twenties, for his bravery and intelligence, he has become a Junior General of the Shenji Battalion. Yingyue does not regret her choice made many years ago, but keeps on thinking of her abandoned daughter.
One day, Hengtai is patrolling a busy street, and runs into Liancheng who claims that she is sold by her brother and sister-in-law to a brothel. Hengtai wants to pay for Liancheng's freedom, but later finds that he was fooled. A robber dubbed Beard Wang is disturbing the neighborhood, and Hengtai pledges to capture him. One day, Hengtai runs into Liancheng again when she disguises herself as a bride. Hengtai then asks Liancheng to assist him in capturing Beard Wang by disguising herself as a dancing girl.
One day, Tong Jialin, a son of Tong Agui, the vice-minister of civil appointments, also comes to Yingfangge. Seeing his flirt with Liancheng fail, he wants to give Liancheng a lesson to vent his anger. Hengtai happens to see this, and helps Liancheng defeat Tong Jialin and his muscles in the street. They become the enemies of Jialin. To prevent Tong Jialin from making troubles again, Hengtai arranges for guards to protect Liancheng in Yingfangge, and frequently goes there to listen to Liancheng singing. Gradually, love grows between them.
Hengtai is sent by the royal court to suppress bandits. Bandits are defeated, and Hengtai captures the leader of bandits, Jiang Yichen. Hengtai is rewarded by the Emperor. Seeing Hengtai young and promising, the Emperor and Empress discuss to betroth Princess Xingdai to Hengtai. Xingdai deliberately makes trouble with Hengtai with a round jade bowl, but Hengtai easily solves the trouble, and sees through Xingdai's identity. Xingdai quietly falls in love with Hengtai. The Fucha family is very delighted with the rewards from the Emperor. Resenting his birth of a concubine, Mingxuan is jealous of his elder brother Hengtai. When practicing martial arts, Mingxuan is ridiculed by Tong Jialin. Knowing from Tong Jialin that Hengtai fought with Jialin over a girl in a brothel and sent guards to protect her, Mingxuan wants Hengtai to suffer, and reports the fight to his father, General Fucha. Outraged, the General punishes Guo Xiao by beating him with a whip for being a bad influence on Hengtai. To protect his favorite personal attendant, Hengtai throws himself to the whip. The General doesn't stop until Yingyue implores him persistently. During the period when Hengtai is sent to suppress bandits, Liancheng becomes very quite. After finding her daughter's feelings for Hengtai, Liniang arranges a blind date for her, but Liancheng messes up the blind date. Liniang tries to persuade Liancheng to give up her feelings for Hengtai because of the wide gap in social status between them.
Without protection from Hengtai, Liancheng is harassed again by Tong Jialin. One day, Tong Jialin comes to Yingfangge again with his muscles, trying to forcibly bring Liancheng to his place. Liancheng resists, and in protecting Liancheng, Liniang is seriously injured by them. Yingfangge catches fire in the fight. Tong Jialin flees with his men. Liniang dies of seriously injuries, despite Liancheng's efforts to seek medical treatment everywhere for her. Liancheng, who is all alone, stays in a deserted temple with the corpse of Liniang.
To seek justice for her mother's death, Liancheng alone files charges against Tong Jialin in the court of Shuntian prefecture. However, the officials shield one another. Liancheng is kicked out, and is later framed and thrown into prison by the governor of Shuntian prefecture. In prison, she meets Jiang Yichen, a prisoner. Tong Jialin plans to marry Liancheng. Jiang Yichen escapes by impersonating Liancheng in her wedding dress, while Liancheng is taken into the House of Tong.
Hengtai, after being informed about Liancheng, rushes to the House of Tong with his men, beats up Tong Jialin, and rescues Liancheng. He also arranges Liniang's funeral. The misunderstanding between Liancheng and Hengtai is gone. As suggested by Guo Xiao, Hengtai settles Liancheng in a yard house of a distant relative of Guo Xiao, and provides her with necessities of life.
Tong Yuxiu, a younger sister of Tong Jialin, who is conceited about her martial arts, wants to avenge her brother. By dressing like a man, she picks a fight with Hengtai, but is defeated by Hengtai. Yuxiu, an unruly girl, wants to marry Hengtai, but is refused by Hengtai. Then she writes a letter to Hengtai, asking for a meeting with him at midnight. Next morning, Yuxiu finds that the man besides her is Mingxuan. Later, Yuxiu finds her accidentally pregnant with a child of Mingxuan. Without other options, the General's House and the House of Tong become relatives by marriage. Before the wedding, Chunxi, a servant girl who has long kept an affair with Mingxuan, becomes the biggest obstacle to Mingxuan's marriage. To solve the problem, Mingxuan sells her to a human trafficker. On the day of marriage, Chunxi who has escaped from the human trafficker makes a scene in the General's House. The General orders Hengtai to deal with it, but Chunxi unexpectedly commits suicide. Hengtai is saddened by the death of Chunxi. He goes to Liancheng's place to talk to her, and Jiang Yichen discovers the intimacy between Hengtai and Liancheng.
To bring Princess Xingdai and Hengtai together, the Emperor orders Hengtai to serve in the palace. Mingxuan tries to grab the royal duty from Hengtai. Tong Yuxiu frames Hengtai, accusing him of indecent assault on her to force him to give up the duty. Hengtai manages to get out of the trouble.
Hengtai visits Liancheng again, but Liancheng is not at home. He is worried, and looks for Liancheng everywhere. Failing to find her, he returns to the yard house to wait for Liancheng. Liancheng actually goes out to make clothes for Hengtai within a short period of time. Liancheng is scolded by Hengtai when she returns to the yard house in the evening. She feels wronged. Hengtai is so moved and joyful after he is told that Liancheng went out to prepare a gift for him. The two confide in each other, and Liancheng gives her virginity to Hengtai on that night. Next day, Hengtai discovers the red birthmark on Liancheng's shoulder.
To get rid of Hengtai, Jiang Yichen tricks Hengtai into a trap full of gunpowder by manipulating Liancheng. Hengtai gets out of the trap, and Jiang Yichen flees. Hengtai gives his duty in the palace to Mingxuan. Mingxuan becomes the victim of mischief directed by Princess Xingdai. After Mingxuan cannot stand it any more, Hengtai has to go to the palace to perform the duty. Princess Xingdai deliberately makes troubles with Hengtai, but Hengtai solves the troubles one by one. Later, Hengtai gets acquainted with Princess Xingdai, and comes up with ideas to successfully rescue her mother, Lady Hui, who is confined in the palace due to intimacy with a performer named Lianggong. Xingdai likes Hengtai even more.
With the consent of Hengtai, Liancheng works in a dyehouse owned by the House of Tong, where she meets Jiang Yichen again. Jiang Yichen is bitten by a snake, and Liancheng sucks the poison out of his wound to save him. Jiang Yichen actually enters the dyehouse to steal, but accidentally, Liancheng is mistaken for the thief. Hearing that Liancheng is to be punished by the dyehouse, Jiang Yichen returns to rescue Liancheng. Hengtai also comes to her rescue after knowing that she is in danger. Tong Yuxiu requires Hengtai to solve the case as a condition for releasing Liancheng. In a raid, Hengtai's team eliminates a group of bandits, and Liancheng is rescued. Jiang Yichen returns to his hideout only to find the ruin left by the troop. He vows to make Hengtai pay blood for blood.
Returning to the palace, Hengtai receives the news that the Emperor has ordered a marriage between him and Princess Xingdai. Despite the celebration in the whole family, Hengtai is depressed because he misses Liancheng. Mingxuan is even more jealous of his elder brother, and stirs up troubles. Hengtai and Guo Xiao talk about Liancheng, which is overheard by Yingyue. Hengtai tells Yingyue his feelings for Liancheng, and Yingyue agrees to meet Liancheng in the yard house. Yingyue and Nanny Guo go to the yard house, trying to persuade Liancheng to leave Hengtai, but Liancheng declines. They talk about Liancheng on their way back, and both think that Liancheng is just like Yingyue in her younger days.
After learning that Hengtai will be the husband of a princess, Jiang Yichen plans assassination, but when he takes action, he fixes his target on General Fucha. In the fight, Jiang Yichen's scar on his hand appears, bringing back General Fucha's memory of his former lover Xingyu. He recognizes Jiang Yichen as his adopted son. Jiang Yichen fortunately escapes. He abducts Liancheng again with the help of Baile, and tells Liancheng that he hates General Fucha because his adoptive mother, Xingyu, is murdered by General Fucha. Hengtai is informed that Liancheng is in danger. He rushes out of the wedding fleet headed to the palace, and duels Jiang Yichen on a cliff. He cuts off one arm of Jiang Yichen, who then falls off the cliff. Liancheng is rescued, and Hengtai postpones his wedding with Xingdai by pleading illness.
Yingyue realizes that Hengtai's feelings for Liancheng obstruct his wedding with Princess Xingdai. Yingyue agrees to bring Liancheng into the General's House, and arranges for Liancheng in the name of a distant relative of Nanny Guo to serve her in her room. Hengtai and Xingdai get married.
Yuxiu and Mingxuan conspire to take over the countinghouse. They steal notes of 1,000 liang silver from the General's House, and pin it on Liancheng. To protect Liancheng, Hengtai tells a lie that he took the notes. Later, Xingdai and Liancheng together finds out the truth despite danger, and Tong Yuxiu confesses to the General.
Hengtai refuses to consummate his marriage after marrying Xingdai. Xingdai asks around for ways to win the heart of Hengtai, but none works. Xingdai's personal nanny Li notices Hengtai's intimacy with Liancheng, and expresses her suspicion of Liancheng. They plan to pry. Liancheng is investigating the murder of Xingyu, and later learns from the General the truth that he cheated Yingyue of her affection together with Xingyu many years ago. Liancheng suspects Yingyue of killing Xingyu. Liancheng's pry is noticed by Yingyue. Yingyue tries to frame Liancheng, but unexpectedly, Nanny Li who is following Liancheng falls into the trap. Nanny Li is scolded by Xingdai for her failure, and later tries to frame Liancheng by threatening a servant girl, Xiaoxue, who shares the same room with Liancheng. Hengtai substitutes Xiaoxue for Liancheng, which makes Xingdai mistakenly believe that Xiaoxue has intimacy with Hengtai. Liancheng learns the truth, and blames Hengtai. Later, she forgives Hengtai after seeing Hengtai mourning the death of Xiaoxue.
Yuxiu is discontented with Mingxuan for his failure to meet her expectations. In a brawl, Mingxuan accidentally causes Yuxiu's miscarriage. Jiang Yichen who recovers from injury rescues Yuxiu, and uses Yuxiu to seek his revenge on the Fucha family. Yuxiu returns to the General's House. Jiang Yichen also sneaks into the General's House with the help of Yuxiu, waiting for opportunities of revenge.
Xingdai suspects that she has made a mistake in finding the wrongdoer. Nanny Li finds out the woman who actually has intimacy with Hengtai by using the different fragrances of different pouches. The affair between Liancheng and Hengtai is exposed. Xingdai is outraged after knowing the truth. She asks for transfer of Liancheng from Yingyue to serve her, and tortures Liancheng for revenge by all means.
Jiang Yichen and Baile spread a lie that provisions and funds for the troop have been embezzled to disturb the military camp, which makes General Fucha and Hengtai suspended from their duties and under investigation. To further destroy the Fucha family, Jiang Yichen instigates Yuxiu to stealthfully harm Xingdai with poison flower. Xingdai finds herself poisoned, and suspects Liancheng of poisoning her. Liancheng is pushed into water by Nanny Li, but is rescued by Jiang Yichen. By secretly conducting investigation, Nanny Li finds out the conspiracy between Yuxiu and Jiang Yichen. Nanny Li is killed by Jiang Yichen, and Tong Jialin happens to witness the killing. Yuxiu pins the murder of Nanny Li on Liancheng. Liancheng is taken into custody. Jiang Yichen worsens the situation by freeing Xingdai back to the palace. Xingdai and the Empress discuss on the immediate execution of Liancheng to make Hengtai give up for ever. Desperately, Hengtai sets up a trap, and finally solves the case. When Yuxiu's guilt is inexcusable, Jiang Yichen throws Tong Jialin out as a scapegoat. Hengtai rushes to the execution ground and rescues Liancheng.
Back in the General's House, Hengtai officially announces that Liancheng is his concubine. To solve the problem between Hengtai and Xingdai, the Emperor calls Hengtai in for a chat. Persuaded by Hengtai, the Emperor does not punish Hengtai. Returning to the General's House with resentment, the Princess disturbs by all means the wedding ceremony of Hengtai and Liancheng.
After Tong Jialin is imprisoned, his father Tong Agui makes plans for his prison break and hiding. Jiang Yichen tricks Hengtai and Liancheng into taking Tong Jialin back to the execution ground. Tong Agui as the supervisor of the execution has to order the execution of Jialin, and attributes the death of his son to Hengtai and Liancheng.
Suspecting that Yuxiu has miscarried long before, Yingyue and Nanny Guo try to pry. Yuxiu pretends to fall off stairs, and pins it on Liancheng. Hengtai scolds Liancheng rudely. In a fit of rage, Liancheng runs away. Jiang Yichen appears at the right time to the relief of Liancheng's anguish. To avenge his son, Tong Agui recommends that General Fucha escort the relief funds, and arranges for a loot. The General and his son have foreseen the scheme, and taken preventive measures. However, Baile suddenly appears, and melts all silver with gold melting solution. Hengtai believes that it is related with the House of Tong. Yuxiu is confined to her room by Hengtai. The whole family brainstorms. To protect Liancheng, Hengtai deliberately alienates her.
Jiang Yichen takes Liancheng out of the General's House again, expecting Liancheng to go with him. Liancheng insists on staying with Hengtai through thick and thin, and promises to find out the truth of Xingyu's death within three days. To solve the mysterious case, Liancheng starts from Nanny Guo, and finds that Nanny Guo secretly meets Li Jia in the Li's Embroiderer Store. Questioned by Liancheng, Li Jia tells the truth that Xingyu was murdered by Yingyue. Liancheng urges Li Jia to tell the General and Jiang Yichen the truth. Meanwhile, the Fucha family is trying to save themselves. After Tong Agui is tricked into telling the truth of his framing the faithful and upright and trading offices and ranks for money, Hengtai cues the Emperor to emerge from the inner chamber. The General's House is exonerated. The House of Tong is searched and seized. Mingxuan divorces Yuxiu, and Yuxiu who becomes homeless goes to Jiang Yichen, but finds that she is just a pawn. Outraged, Yuxiu vows to retaliate on Hengtai, Liancheng, and Jiang Yichen.
Liancheng and Jiang Yichen wait for Li Jia near a river, but a team led by Hengtai comes to capture Jiang Yichen. Jiang Yichen jumps into water and escapes. Hengtai takes Liancheng back to the General's House. Yingyue confesses to Liancheng that she murdered Xingyu, and warns Liancheng to stop intervention. Jiang Yichen sneaks into the military camp by disguising himself as a cook. When he is ready to assassinate General Fucha, he is captured by Hengtai. Learning that Jiang Yichen has been captured, Liancheng steals keys to free Jiang Yichen, but she is caught on the spot by Hengtai. General Fucha interrogates Jiang Yichen alone, and recognizes him as his adopted son. The whole family is discontented, and the schemes of Xingdai against Liancheng are also foiled by Jiang Yichen one by one.
Incidents have occurred frequently in the General's House. Xingdai slanders Liancheng by saying that she is possessed by a fox spirit, and invites a master to exorcise the fox spirit. Liancheng is gravely humiliated, and eventually is rescued by Jiang Yichen.
Xingdai wants to get rid of Liancheng, and Yingyue wants to get rid of Jiang Yichen and Liancheng. They secretly team up to get rid of Liancheng and Jiang Yichen. To help Xingdai resolve her domestic affairs, the Empress calls Liancheng in to learn rules. When solving various problems in the palace, Liancheng gets acquainted with Aunt Qin Xiang and the Emperor, and helps the Emperor be reconciled with Lady Hui. Liancheng is thus permitted to leave the palace at the end of the month. Meanwhile, in the military camp, Jiang Yichen and Baile distribute silver privately, causing unrest among soldiers. Hengtai resolves the crisis in the military camp by suddenly coming up with a tactic. Jiang Yichen peppers the General with questions regarding reasons for the murder of Xingyu. Yingyue and Nanny Guo plot to put Jiang Yichen in a scene of disrespecting the Princess, which is a major crime. Xingdai becomes aware of it, and decides to counterplot.
Liancheng and Jiang Yichen are locked in a room of a temple. Jiang Yichen, under the influence of drugs, gradually loses his mind. Xingdai and Yingyue break into the room together with Hengtai and the General. At the critical moment when there is no way for Liancheng to explain the situation, one of her sleeves is torn apart. Yingyue sees the red birthmark on the shoulder of Liancheng, and recognizes Liancheng as her biological daughter. She then saves Liancheng. Hengtai sees through the trap set up by Xingdai to harm Liancheng, and wants to divorce Xingdai. On their way home, Yingyue and Liancheng talk about Liancheng's past. After returning to the General's House, Yingyue discusses with Nanny Guo about it, and vows to protect Liancheng.
Xingdai is extremely sad, and wants to die every day. The Empress sends Qin Xiang to console Xingdai. Qin Xiang persuades Xingdai to reconcile with Liancheng to ease her relationship with Hengtai. Xingdai prepares refreshments for Liancheng as a peace offering, but is suspected by Yingyue of poisoning. Feeling greatly humiliated, Xingdai angrily eats the refreshments to prove her innocence.
To dissolve the hatred in the heart of Jiang Yichen, the General makes Jiang Yichen his eldest son. Jiang Yichen seriously injures Mingxuan in the military camp, and Mingxuan begs Hengtai to avenge him. Jiang Yichen and Hengtai lead a troop to escort army provisions. Hengtai orders Jiang Yichen to capture a bandit dubbed White Hair. Jiang Yichen persuades While Hair to surrender, and accomplishes his task. Zhong Bao, the husband of Qin Xiang, runs into Nanny Guo in the General's House. Zhong Bao is actually the biological father of Hengtai, and becomes very rich for this reason. Qin Xiang suspects that her son is in the General's House. With the help of Liancheng, Qin Xiang obtains the blood of Guo Xiao and other men in the General's House, except Hengtai's blood, for maternity testing, and none of them is her son according to the test results. Disappointed, Qin Xiang goes back to confront Zhong Bao, who suffers a head injury during the argument. Qin Xiang flees in a panic. Because his investigation shows that Yingyue has given money to Zhong Bao, Jiang Yichen goes to Zhong Bao's house for investigation. He finds Zhong Bao dead in shattered tiles. Under persuasion by Liancheng, Hengtai finally agrees to give his blood for the maternity test. However, the government of Shuntian prefecture sends soldiers to capture Qin Xiang. Qin Xiang is imprisoned. Afraid that Qin Xiang may tell the truth, Yingyue urges the government of Shuntian prefecture to promptly close the case. Jiang Yichen meets Qin Xiang in the prison, and induces her to tell the truth of Hengtai's parentage. To protect Hengtai, Qin Xiang chooses to commit suicide.
The General knows Jiang Yichen's revenge, and tells him the truth about Xingyu. In their younger days, General Fucha and Xingyu were lovers. At that time, General Fucha was just Fucha Wenghadai without any scholarly honor or official rank. For a promising future, they plotted to make Fucha Wenghadai who was young and handsome approach Yingyue, a daughter of a senior general, win the heart of Yingyue and marry her in the general's house, achieving the purpose of living with wealth and an official rank.
Closely questioned by Hengtai, Yingyue has to tell the truth of the child switch. General Fucha overhears it, but does not blame Yingyue. He tells Yingyue that he has buried a bomb at Qixia Peak to kill Jiang Yichen and Liancheng together and return the General's House to peace. The General collapses after Yingyue tells him that Liancheng is their biological daughter. Hengtai rushes to rescue Liancheng, and Jiang Yichen disappears in flames.
Liancheng cannot accept the truth of her parentage when she wakes up. Mingxuan and Rumei overhear the truth of the child switch. Mingxuan now knows that he is the only son of the Fucha family. Feeling unfair, he secretly informs Xingdai of the child switch together with Rumei. The General is caught in a stroke and paralyzed after learning the exposure.
Disappointed in the Fucha family, Liancheng wants to leave, and Hengtai promises to leave together with Liancheng, which is overheard by Yun'er who then informs Xingdai. Xingdai threatens Hengtai by analyzing the current situation of the whole family, and tells him that she is pregnant with his child. Hengtai has to give up eloping. Liancheng waits for Hengtai at a lakefront, only to see Yun'er coming. Yun'er tells a lie that Hengtai wants Liancheng to leave alone, and pushes Liancheng into an ice hole. Whether Liancheng is dead or alive is unknown. Seeing enough ups and downs, Yingyue takes the paralyzed General to their native town in Fengtian prefecture to quietly spend their rest of life. Xingdai is now in charge of the general affairs of the Fucha family, and expels Mingxuan and his mother from the General's House.
Three years later, the daughter of Princess Xingdai and Hengtai has grown into a cute little princess. Trapped in his missing of Liancheng, Hengtai is immersed in the illusions created by hypnotism all day. Xingdai requests the Empress to assign the reception of the Mongolian envoy to Hengtai. Unexpectedly, the Mongolian envoy is Jiang Yichen. Holding the little princess hostage, Jiang Yichen requires Hengtai to hand over Liancheng. Hengtai decides to leave the little princess in the care of Jiang Yichen, which surprises Jiang Yichen and makes his next move difficult.
When Jiang Yichen and Hengtai practice the tactical deployment of troops in front of the Emperor, a fierce fight occurs between the two. Xingdai stops them, and announces Liancheng's death. Baile sneaks into the military camp to assist in resolving the urgent deficiency in army provisions in the military camp, and wins the trust from Guo Xiao. Grieved at the death of Liancheng, Hengtai becomes more obsessed with hypnotism, and is eventually injured both mentally and physically. Imperial physician Sun Heli provides medical treatment to Hengtai. Sun Heli actually rescued Yuxiu many years ago, and has since been controlled and manipulated by her.
Informed of Beile Duolong's rebellion in the northwest, the royal court sends Hengtai to suppress the rebellion. By this time, Guo Xiao has been deeply in love with Baile, and cannot control his passion. On the battleground in the northwest, Hengtai withdraws its troop at a critical moment, and prepares to negotiate peace with Duolong. Instigated by Baile, Guo Xiao leads a team to conduct a raid, annihilating the forces of Duolong. He is punished by Hengtai for disobeying orders. Baile takes the opportunity to undermine the relationship between Guo Xiao and Hengtai, accusing Hengtai of colluding with the rebel army. Soldiers are also in favor of Guo Xiao. Guo Xiao is swayed. Baile arranges for a rebel to shout the name of Liancheng, and Hengtai immediately orders that this man be escorted to his camp for interrogation. Instigated again by Baile, Guo Xiao reports it to the Emperor, claiming that Hengtai colludes with the rebels. Outraged, the Emperor issues a decree to capture Hengtai and appoint Guo Xiao to take over the military camp.
Baile and Guo Xiao fall in love over time, and prepare for a showdown to Jiang Yichen, which is discovered by Nanny Guo. Deeply regretting his credulity, Guo Xiao submits a letter written in his own blood to explain the injustice suffered by Hengtai, and eventually dies of serious blood loss. Nanny Guo in extreme grief commits suicide by hanging herself. Hengtai is exonerated.
Yuxiu, with the help of Sun Heli, forces Liancheng to obey her orders and treat Hengtai as an enemy, and arranges for Liancheng to return to Hengtai's side and wait for opportunities of revenge. Jiang Yichen and Hengtai together accidentally find and save Liancheng who is amnesiac. Hengtai brings Liancheng home, and tries to arouse Liancheng's memory by witchcraft. Hengtai runs into Mingxuan who lives a life in the street, and brings Mingxuan and Rumei back to the General's House after knowing that they live a tough life. Xingdai questions Mingxuan and Rumei, and plots, but fails, to expel them. Saddened and disappointed, Xingdai runs into Bu Qingyun, the owner of a troupe, in the street in the evening.
After Liancheng returns to the General's House, Xingdai senses something wrong with her, and plots to pry. When Hengtai takes Liancheng to the dream treatment place, Xingdai bribes the master to cheat Liancheng by requiring her to rescue Hengtai with money. However, Liancheng sees through the trick of Xingdai, seeks help and willingly drinks the poisoned wine, winning the trust of Hengtai. Hengtai cannot stand Xingdai's hints and pries any more, and even slaps Xingdai. Xingdai furiously returns to the palace. Liancheng is moved by Hengtai's true feelings, and her hatred begins to fade.
Hengtai reopens Yingfangge as a restaurant, and invites Bu Qingyun to be the chief performer. After finding that the horse ridden by Bu Qingyun rams someone, Mingxuan offers ideas to resolve the reputation crisis of Yingfangge, and later urges Hengtai to purchase land. Liancheng helps Mingxuan under instructions from Yuxiu. Mingxuan obtains the official seal of the General's House by deception, takes possession of the assets of the General's House, and expels Hengtai from the General's House without belongings. The truth is that Mingxuan returns to the General's House to harm Hengtai under instructions from Jiang Yichen. Later, Hengtai and Liancheng come back to the General's House. It turns out that everything goes as planned by Hengtai and Xingdai who try to make Mingxuan and the person behind him show their true intents. Liancheng finds herself also included in the plan, and realizes that Hengtai is not a person as simple and kind as he appears to be.
In serious trouble for a previous transaction, Mingxuan seeks, but fails to obtain, help from Jiang Yichen. He finds that Yuxiu and Liancheng are together in the street, and is murdered after he overhears Yuxiu's revenge plan. Hengtai receives a box with the corpse of Mingxuan inside. Believing that Jiang Yichen did it, he argues with Jiang Yichen. Hengtai is depressed after Mingxuan's death. Liancheng accidentally breaks a bamboo basket in a fish shape, and finds letters full of past memories wrote by Hengtai to her, which bring back her most memories.
Knowing that Liancheng is poisoned, Xingdai obtains 100 pills of antidote from the palace, and finally chooses to live in peace with Liancheng. When Yuxiu and Sun Heli are vexed by their inability to control Liancheng, Jiang Yichen comes to seek a cure from Sun Heli for amnesia. Yuxiu decides to use Jiang Yichen to continue her plan. Instigated by Jiang Yichen, Rumei comes to Hengtai to avenge her son. After returning to the General's House, Rumei pretends to have lost her mind, and kidnaps the little princess. To save the little princess, Liancheng jumps into water, and all her memories come back. Jiang Yichen takes Liancheng to an imperial physician for treatment. Under the influence of heart changing scent, Liancheng treats Hengtai as an enemy again.
Liancheng finds Jiang Yichen for help, and sneaks into the General's House together with Jiang Yichen who disguises himself as Linglong. The little princess dies. With hatred, Xingdai attributes her daughter's death to the return of Liancheng, leaves home, and runs into Bu Qingyun again. Both mentally and physically exhausted, Hengtai collapses after his daughter, brother, and aunt died because of him one after another. Liancheng and Linglong drug Hengtai to make his illness worsened. Hengtai often has illusions of seeing his daughter. Xingdai sees through the ghost tricks with the help of Bu Qingyun.
Jiang Yichen and Liancheng plan to use the hands of others to get rid of the Princess by fabricating an affair between Bu Qingyun and the Princess. Unexpectedly Bu Qingyun is actually a woman disguised as a man. Liancheng's plan fails. The health of Hengtai gets worse with each passing day, and Hengtai tries to keep Xingdai and Liancheng away. Yuxiu makes a false face of Liancheng and disguises herself as Liancheng, intending to elope with Jiang Yichen. Jiang Yichen sees through Yuxiu's trick, and sells her to a boatman.
Sun Heli's apprentice sinks into a marsh and dies on his way to pick lucid ganoderma, which inspires Yuxiu. Yuxiu plans to kill Hengtai by using Liancheng to lure Hengtai to the marsh. Sun Heli whose conscience is not completely lost saves Hengtai and Liancheng at the critical moment, and makes a request in exchange for treating Hengtai. Liancheng's mind is restored by the master. She cooperates with Jiang Yichen, Hengtai, and the Princess to bring Yuxiu down. However, Sun Heli controls Liancheng and rescues Yuxiu at the critical moment. Yuxiu and Liancheng exchange their looks, and Yuxiu pretending to be Liancheng approaches Hengtai to wait for opportunities of revenge. Liancheng is in danger, and is rescued by Jiang Yichen. Xingdai finds something very wrong, and tests Yuxiu several times. Xingdai reminds Hengtai, but fails to prove. When the real Liancheng goes to warn Hengtai, she is exiled as Yuxiu. On the way of exile, Jiang Yichen rescues Liancheng again.
Lady Hui dies. Bu Qingyun seizes the opportunity to approach the Emperor, and is titled a Lady. Spoiled by the Emperor, she becomes very arrogant. The Emperor is on a tour to the south, and Hengtai escorts the Emperor with Xingdai and Yuxiu. Xingdai tests Yuxiu again, and plots to make Yuxiu encounter his father, Tong Agui. In a moment of desperation, Yuxiu kills Tong Agui. Instigated by Bu Qingyun, the Emperor sends the Empress back to the palace. Bu Qingyun actually intends to do harm to the Emperor. Knowing that someone intends to assassinate the Emperor, the Empress immediately returns to inform the Emperor. The plan of Bu Qingyun and others to assassinate the Emperor is foiled. The Empress dies of serious injuries. Yuxiu finds out Bu Qingyun's assassination intent. Bu Qingyun forces Yuxiu to swallow poison to control her. Liancheng wearing a face of Yuxiu escapes from Jiang Yichen, and sneaks into the palace by disguising herself as a cook to accompany Hengtai in the name of Suyun. After overhearing Bu Qingyun's plan to murder the Emperor at the funeral of the Empress, Liancheng tries to notify Hengtai, but is stopped by Jiang Yichen. Yuxiu as poisoned has to be manipulated by Bu Qingyun, and places explosives in the coffin of the Empress to assassinate the Emperor. When Jiang Yichen is defusing the explosives for Liancheng, he is discovered and chased by guards. Jiang Yichen distracts the guards to protect Liancheng, and falls off a cliff after being shot by an arrow.
Bu Qingyun's plan fails. The Emperor has planned beforehand, and captures all assassinators. Bu Qingyun exposes her identity, and commits suicide desperately after knowing that her father died because of abandoning missions and having an affair with a concubine of the Emperor many years ago.
Hearing the conversation between Liancheng and Yuxiu, Xingdai suspects that Yuxiu and Liancheng have exchanged their looks, and is determined to find out the truth. When Liancheng is imprisoned, Xingdai meets Liancheng in the prison, and spots the old wounds on Liancheng. She confirms that Yuxiu and Liancheng have exchanged their identities. Hengtai suspects Yuxiu's identity, and fabricates an escape of rebels, causing Yuxiu's identity to be revealed.
Sun Heli sneaks into the prison, drugs and captures Liancheng, and exchanges her for Yuxiu. However, Yuxiu eventually dies of poisoning. Sun Heli recovers the face of Liancheng after Yuxiu's death, and takes Yuxiu to the marsh to commit suicide for love.
After experiencing these events, Xingdai sees through the vanity and prays in a Buddhist temple every day, intending to bring Liancheng and Hengtai together. Unexpectedly, Liancheng finally chooses to leave. Persuaded by Hengtai, the Princess walks out of the Buddhist temple, and they spend the rest of their life together.
Many years later, in her old age, Liancheng runs into Hengtai when she is telling the stories of her younger days to a group of juniors.
As confirmed through investigation, the plot of the television series of The Palace is basically the same as that of the script of The Palace.
2. Outline of the infringing content of the script of The Palace and the television series of The Palaceas alleged by the plaintiff
The infringing content of the script and television series of The Palaceas alleged by the plaintiff includes primarily the scenes related to the parentage of and the affection between Hengtai and Liancheng in the script and television series of The Palace, which are outlined as follows:
In the reign of Emperor Qianlong of the Qing Dynasty, Nalan Yingyue, the consort of General Fucha, has given birth to three daughters. The General has no son, is especially fond of maid Rumei, and takes Rumei who is pregnant as his concubine. The position of Yingyue in the General's House is threatened. To maintain her position in the General's House, Yingyue plots a “switch of a girl with a boy at birth” with her personal nanny Guo. At the night of labor, Yingyue gives birth to a girl again. She switches her own daughter with a bought baby boy. The newborn baby girl is abandoned by Nanny Guo near a stream. Before the baby girl is abandoned, Yingyue discovers that the baby girl has a red birthmark on her shoulder. Song Liniang, the procuress of Yingfangge, a brothel, has no child. One day, when she and other singers and dancers are practicing near a stream, she hears a baby crying. Following the crying, she finds the baby girl abandoned from the General's House. Loving the baby very much, she adopts her, and names her Liancheng. Liniang also discovers the red birthmark on Liancheng's shoulder.
The baby boy obtained by Yingyue through the switch is named Fucha Hengtai, as the eldest son of the Fucha family. Hengtai grows up. For his bravery and intelligence, he has become a Junior General of the Shenji Battalion, bringing respect and honor to Yingyue. Yingyue does not regret her choice made many years ago, but keeps on thinking of her abandoned daughter. On the other side, Liancheng grows up in a brothel andchaoticmarket street. Rumei also gives birth to a son, Mingxuan, for the general.
Tong Jialin, a son of Tong Agui, the vice-minister of civil appointments, flirts with Liancheng but is refused at Yingfangge, and wants to give Liancheng a lesson. He chases her to the street, which happens to be seen by Hengtai. Hengtai helps Liancheng defeat Tong Jialin and his muscles in the street. They become the enemies of Jialin. Hengtai arranges for guards to protect Liancheng in Yingfangge, and frequently goes there to listen to Liancheng singing. Gradually, love grows between them.
Tong Jialin, son of Tong Agui, the minister of personnel, intends to molest Liancheng in Yingfangge, but fails. He then intends to kick Liancheng's butt, and chases her to the street market. Hengtai passes by, and gives a hand to Liancheng and defeats Tong Jialin and all of his heelers involved. Jialin starts a feud with Hengtai and Liancheng from then on. Hereafter, Hengtai sends some men to guard Yingfangge, and often comes here to hear Liancheng's song. Mutual affection has been established between the two persons.
Because Hengtai is sent by the royal court to suppress bandits, he and Liancheng cannot get together for a long time. Always resenting his birth of a concubine, Mingxuan is jealous of his elder brother, Hengtai. One day, when practicing martial arts, Mingxuan is ridiculed by Tong Jialin. Knowing from Tong Jialin that Hengtai fought with Jialin to protect Liancheng and sent guards to protect a brothel, Mingxuan reports the fight to his father, General Fucha. Outraged, the General punishes Guo Xiao by beating him with a whip for being a bad influence on Hengtai. To protect his favorite personal attendant, Hengtai throws himself to the whip. The General doesn't stop until Yingyue implores him persistently.
In those days without Hengtai around, Liancheng becomes very quite. After finding that, Liniang arranges a blind date for her, but Liancheng messes up the blind date. Liniang tries to persuade Liancheng to give up her feelings for Hengtai because of the wide gap in social status between them.
Without protection from Hengtai, Liancheng is harassed again by Tong Jialin. One day, Tong Jialin comes to Yingfangge again with his muscles, trying to forcibly bring Liancheng to his place. Liancheng resists, and fights against Tong Jialin. In protecting Liancheng, Liniang is seriously injured by them. Yingfangge catches fire in the fight. Tong Jialin flees with his men. Liniang dies of seriously injuries, despite Liancheng's efforts to seek medical treatment everywhere for her. Liancheng, who is all alone, stays in a deserted temple with the corpse of Liniang.
Liancheng is tricked by Tong Jialin into the House of Tong. Hengtai, after being informed about Liancheng, rushes to the House of Tong with his men, beats up Tong Jialin, and rescues Liancheng. Liancheng holds a grudge against Hengtai for the long absence of Hengtai. After catching up, Liancheng learns that Hengtai arranges Liniang's funeral, and her misunderstanding of Hengtai is gone. As suggested by Guo Xiao, Hengtai settles Liancheng in a yard house of a distant relative of Guo Xiao. Liancheng has a place to stay.
Hengtai goes to the yard house for Liancheng again, but Liancheng is not at home. He is worried, and looks for Liancheng everywhere. Failing to find her, he returns to the yard house to wait for Liancheng. Liancheng is scolded by Hengtai when she returns to the yard house in the evening. She feels wronged. Hengtai is so moved and joyful after he is told the truth that Liancheng went out to make clothes for him within a short period of time. The two confide in each other, and Liancheng gives her virginity to Hengtai on that night. Next day, Hengtai discovers the red birthmark on Liancheng's shoulder.
Princess Xingdai in the palace reaches the age of marriage, and Hengtai is selected as her husband. Hengtai receives the news that the Emperor has ordered a marriage between him and Princess Xingdai. Hengtai misses Liancheng, and returns home. Despite the celebration in the whole family, Hengtai is depressed. Mingxuan is even more jealous of his elder brother, and stirs up troubles. Having no other choices, Hengtai tells Yingyue his feelings for Liancheng, and Yingyue agrees to meet Liancheng in the yard house.
Yingyue and Nanny Guo go to the yard house actually to persuade Liancheng to leave Hengtai, but Liancheng declines. They talk about Liancheng on their way back, and both think that Liancheng is just like Yingyue in her younger days. Yingyue is impressed with the upright personality of Liancheng.
Yingyue realizes that Hengtai's feelings for Liancheng obstruct his wedding with Xingdai. Yingyue agrees to bring Liancheng into the General's House, and arranges for Liancheng in the name of a distant relative of Nanny Guo to serve her in her room. Hengtai and Xingdai get married. Liancheng deliberately avoids meeting Hengtai in the General's House, but Xingdai and Nanny Li still can sense a delicate relationship between Liancheng and Hengtai.
Hengtai refuses to consummate his marriage after marrying Xingdai. Xingdai asks around for ways to win the heart of Hengtai, but none works. Nanny Li finds out the woman who actually has intimacy with Hengtai by using the different fragrances of different pouches. The affair between Liancheng and Hengtai is exposed. Xingdai is outraged after knowing the truth. As suggested by Nanny Li, she asks for transfer of Liancheng from Yingyue to serve her, and tortures Liancheng for revenge by all means.
Nanny Li is murdered, which is pinned on Liancheng. Liancheng is arrested and tried by the court of Shuntian prefecture, and is to be beheaded. After solving the case, Hengtai rushes to the execution ground, and rescues Liancheng.
Back in the General's House, Hengtai officially announces that Liancheng is his concubine. To solve the problem between Hengtai and Xingdai, the Emperor calls Hengtai in for a chat. Persuaded by Hengtai, the Emperor does not punish Hengtai, and persuades Hengtai to go back to the General's House to get along with Xingdai. Returning to the General's House with resentment, Xingdai disturbs the wedding ceremony of Hengtai and Liancheng by all means.
Incidents have occurred frequently in the General's House. Xingdai claims that the General's House is haunted, and invites amaster to exorcise, who identifies Liancheng being possessed by a fox spirit. Liancheng is gravely humiliated. To frame Liancheng, Xingdai and Yingyue lock Liancheng and Jiang Yichen in a room of a temple. At the critical moment when there is no way for Liancheng to explain the situation, one of her sleeves is torn apart. Yingyue sees the red birthmark on the shoulder of Liancheng, and recognizes Liancheng as her biological daughter. On their way home, Yingyue and Liancheng talk about Liancheng's past. After returning to the General's House, Yingyue discusses with Nanny Guo about it, and vows to protect Liancheng.
The Empress sends Qinxiang, an elder maid, to accompany the Princess. Advised by Qinxiang, Xingdai finally understands how to maintain a good relationship of husband and wife, and realizes that she can ease her relationship with Hengtai only by reconciling with Liancheng. She prepares refreshments for Liancheng as a peace offering, but is suspected by Yingyue of poisoning. Feeling greatly humiliated, Xingdai angrily eats the refreshments to prove her innocence.
Hengtai learns from Yingyue the truth of the child switch. General Fucha overhears it, but does not blame Yingyue. He tells Yingyue that he has buried a bomb at Qixia Peak to kill Jiang Yichen and Liancheng together and return the General's House to peace. The General collapses after Yingyue tells him that Liancheng is their biological daughter. Hengtai rushes to rescue Liancheng. Mingxuan and Rumen are eavesdropping outside the room, and inform Xingdai of the truth of the child switch after knowing it.
V. Relations between the relevant content of the script and television series of The Palace as alleged by the plaintiff and the script and novel of “PlumBlossomScar”
To explain the similarities between the script and television series of The Palace and the script and novel of Plum Blossom Scar in terms of characters, relations among characters, specific scenes, and plot creation, the plaintiff submitted to this Court the Comparison Chart of Relations among Characters (Attached) and the Comparison Table of Similar Scenes in the Television Series and Script of The Palace and the Novel and Script PlumBlossomScar (Attached). After review, the corresponding content is all found in the script and television series of The Palace and the script and novel of PlumBlossomScar according to the characters, relations among characters, and specific scenes listed in the aforesaid chart and table.
VI. The statement of the plaintiff's assisting expert in a court session
Wang Hailin, the assisting expert retained by the plaintiff, provided the following opinions in court on issues related to playwriting. The core value of creation of a script is embodied in the design of a fascinating plot, and the particular connections and arrangements of the specific scenes constitute the final expression of the script. The use of the content of a preexisting script may be achieved simply by watching the content of the corresponding television drama. In terms of characters and connections of scenes in film and television works, if there is a certain degree of similarity in the relationship of the male and female protagonists and the arrangement of scenes in both works compared, such similarity may be used as the basis for determining the similarity between both works. The specific characters, relations among characters, specific scenes and bridge plots, and the storyline formed by connections of scenes may be the creative expression of the script. In terms of relevant scenes, if the two works compared differ subtly, whether such subtle differences maintain identical dramatic functions needs to be considered. If there is no substantial change in dramatic functions, similarity between a preexisting work and a latter work cannot be simply excluded.
VII. Facts regarding the plaintiff's requests for holding the defendants liable for infringement
The plaintiff claims that the five defendants in this case have jointly infringed upon the plaintiff's right of adaptation and cinematographic rights in her works, and they should be held liable jointly and severally for the infringement. As to compensation for economic losses, the plaintiff claims that the defendants' illegal income should be the basis for the damages awarded to the plaintiff.
The plaintiff claims that Yu Zheng as the playwright received remuneration of about 200,000 yuan per episode. The television series version of The Palace broadcast on Hunan TV includes 63 episodes, and Yu Zheng's remuneration for the script of The Palace may reach 12.6 million yuan. The copyright royalties for the broadcasting of the television series of The Palace by Hunan TV should not be less than 1.8 million yuan per episode, and this television series has been broadcast on many television and network platforms such as Hunan satellite TV, Tianjin satellite TV, and Letv.com. The current earnings of HunaneTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui from the broadcasting royalties of this television series should have exceeded 100 million yuan.
As to the earnings of all defendants and the cooperative relationship and distribution of earnings among them in relation to the script and television series of The Palace, the plaintiff required at the beginning of the lawsuit that all defendants provide the contract signed by Yu Zheng on the playwriting of the script of The Palace, the contract on the joint production of the television series of The Palace, and the contract on the distribution of the television series of The Palace.
Defendant Wanda provided the plaintiff with an Agreement on Joint Investment in the Shooting of a Television Series signed by Wanda and Hunan eTV, but both the original and photocopies of the agreement were redacted. According to Article 6.2 of this agreement, the content of the script should be jointly examined by Dongyang Huanyu, HunaneTV, and Dongyang Xingrui, and may not be used for shooting until the content is confirmed by the three parties in writing. According to Article 6.5 of this agreement, Hunan eTV should take full responsibility for matters related to the script such as project initialization, submission for approval, and approval of the script, and all of the three parties are entitled to know the plans and arrangements and the actual timetable for the front-end preparations, shooting and production, submission for approval, publicity, and distribution of this television series.
In this case, the plaintiff required that the defendants provide the playwriting contract for the script of The Palace, the contract on the distribution of the television series of The Palace, and the contracts on the licensing of broadcasting on television and information networks, but none of the defendants has submitted such contracts.
VIII. Facts regarding the plaintiff's reasonable expenses
The plaintiff claims that she has spent a total of 313,000 yuan for her rights protection in this case, including attorney fees of 300,000 yuan, notarization certificate authentication fees of 1,000 yuan, and notarization fees of 12,000 yuan.
The aforesaid facts are supported by the following evidence on the record: the script of the television series of Plum Blossom Scar, the written Declaration of Rights from the author, Qiong Yao, the excerpts from the script of the television series of Plum Blossom Scar, the novel of Plum Blossom Scar, the excerpts from the novel of Plum Blossom Scar, the script and work registration certificate of the television series of The Palace, the DVD of the finished film version of the television series of The Palace (LeTV, online video downloaded from www.letv.com), the edited finished film version of the television series of The Palace, the video of media interview - “I'm just so straightforward” - of actress Dai Jiaoqian in the television series of The Palace, the Notarization Certificate No. 20573 [2014] of Beijing Fangyuan Notary Public, the Notarization Certificate No. 20572 [2014] of Beijing Fangyuan Notary Public, the Notarization Certificate No. 20571 [2014] of Beijing Fangyuan Notary Public, the written Statement of Lin Jiuyu, the named playwright of the television series of Plum Blossom Scar, the Letter of Confirmation regarding the Television Series Production and Broadcasting and Television Literature Script Copyright issued by Yiren Media Co., Ltd., the producer of the television series of Plum Blossom Scar, the Certificate issued by Crown Culture Publishing Co., Ltd., premierepublisher of the novel of Plum Blossom Scar, the Notarization Certificate No. 221531 [103] of Chen Youlin-Xie MengruNotary Public,Taiwan TaipeiDistrictCourt, the Open Letter to the State Administration of Press, Publication, Radio, Film and Television from the plaintiff, the attorney-client retainer agreements, the invoices of attorney's fees, the statement of advances for attorney's fees, the Statement on the notarization fees in Taiwan region and Notarization Fee Expenditure List, and invoices of notarization fees as submitted by plaintiff Chen Zhe; the VCD, cover, and content screenshots of the television series of Plum Blossom Scar, the television series of The Palace, the script of The Palace, the synopsis of The Palace completed by Yu Zheng on May 30, 2012, the recordation publication form for the shooting and production of the television series of The Palace issued by the State Administration of Press, Publication, Radio, Film and Television, the synopsis recorded with the State Administration of Press, Publication, Radio, Film and Television, the webpage of Zhang Ting's Sina weibo, the excerpts from Complete Biography of Emperor Qianlong, the excerpts from Miss Nine and Emperor Qianlong, the picture-story book of Princess Nine and Emperor Qianlong, the Huangmei opera of Princess and Emperor, the television series of Pearl Love, the television series of Pretty Twins, the television series of Yamen II –Longing to See One's Son succeed, the excerpts from Pilgrimage to the West, the excerpts from Romance of the Western Chamber, the excerpts from Outlaws of the Marsh, the excerpts from A Dream of Red Mansions, the excerpts from Sixteen Lectures on the History of Qing Dynasty, the thesis of A Probe into the Artistic Image and Aesthetic Value of Wet Nurses in A Dream of Red Mansions, the thesis of A Probe into the Role of Manservants in A Dream of Red Mansions – Taking Mingyan and Xing'er for Examples, the television series of A TwigofPlum, the excerpts from Draft History of Qing, the book of Emperor Qianlong's Youngest Daughter: Princess Hexiao, the excerpts from A Journey to Old Beijing, and excerpts from Lu Xun Bursts into Tears on the Wedding Night for Sleeping in the Same Room but Not the Same Bed with His Wife,Long Novels on Human Relationship in Ming and Qing Dynasties - Harem Struggle and “Hysteria” Character, and Beauty's Love Story with the King as submitted by defendants Yu Zheng, Hunan eTV, Dongyang Huanyu, and Dongyang Xingrui; the television series of Concubines ofQingEmperor, the television series of The Legend of Crown Prince, the television series of Child Switch, the television series ofPhoenixBlood, the television series of Loveat Parting Moment, the television series of Love Storm Beauty 99, the television series of The Orphan of Zhao, the television series of ChineseSherlock Shi, the television series of Under Der Linden, the television series of Love Story in Shanghai, the television series of ShiningDays, the television series of Mistaken Love for the Whole Life, the television series of Lily in the Wind, the television series of Perfect Couple, the television series of YongzhengDynasty, the television series of A Dreamof Red Mansions, the television series of MomentinPeking, the television series of Taming of the Princess, the television series of True and False Husbands of the Princess, the chart of relations among characters in The Palace III, the chart of relations among characters in PlumBlossomScar, the primary storyline of The Palace III, the primary storyline of PlumBlossomScar, and the relevant cases as submitted by defendants Yu Zheng and Dongyang Huanyu; the Statement of Authorization submitted by defendant Hunan eTV; the Agreement on Joint Investment in the Shooting of a Television Series as submitted by the defendant Wanda; and the relevanttranscripts.
DISPUTED ISSUES 
This Court considers that:
The disputes in this case focus on: (1) ownership of copyright in the script of Plum Blossom Scar; (2) relationship between the novel and the script of Plum Blossom Scar; (3) whether the content adapted and shot as alleged by the plaintiff is protected by copyright law; (4) whether the script of The Palace has infringed upon the right of adaption of the script and novel of Plum Blossom Scar; (5) whether the script of The Palace has infringed upon the cinematographic rights in the script and novel of Plum Blossom Scar; and (6) determination of infringers of right of adaptation and cinematographic rights and liabilities for infringement, which are addressed respectively below:
1. Ownership of copyright in the script of Plum Blossom Scar
(1) Whether the text of the script of Plum Blossom Scar submitted by the plaintiff is indeed the script for the production of the television series of Plum Blossom Scar
As the basis for producing a television series, a script presents in words the content of shooting of a television series. It is true that appropriate adjustments may be made to the script during the shooting of a television series, but it is not uncommon for a script to be highly consistent with a television series in content. A printed and bound script is the physical carrier of the content of a script, and a change in the physical form of the script does not mean a change in the content of the script. In this case, the content of the script of Plum Blossom Scar submitted by plaintiff Chen Zhe does not go beyond the story expressed in the television series of Plum Blossom Scar, and is basically consistent with the audio-visual content of the television series. In addition, as originally recorded in the plaintiff's postscript in the novel of Plum Blossom Scar which states that the script of Plum Blossom Scar was created prior to the novel, this Court hereby affirms the authenticity of the content of the script of Plum Blossom Scar submitted by the plaintiff.
(2) Ownership of copyright in the script of Plum Blossom Scar
Article 11 the Copyright Law of the People's Republic of China provides that the author of a work should be the citizen, legal person, or other organization whose name is indicated on the work as the author, unless there is any evidence to the contrary.” Article 7 of the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in Hearing Civil Cases Involving Copyright Disputes provides that the manuscripts, original scripts, lawful publications, copyright registration certificates, attestations issued by authentication institutions, and contracts for acquiring rights, among others, submitted by the parties may be admitted as evidence.
Therefore, determining the author of a work based on the name of author indicated on a work is just an initial presumption regarding the creation of the work, and there are multiple forms of contrary evidence. In this case, the playwright indicated in the credit of the television series of Plum Blossom Scar is Lin Jiuyu, but Lin Jiuyu has personally issued a Statement that he does not have any copyright in the script of Plum Blossom Scar. Yiren Media Co., Ltd., the producer of the television series of Plum Blossom Scar, has also issued a Letter of Confirmation regarding the Television Series Production and Broadcasting and Television Literature Script, stating that the plaintiff is both the author and the copyright owner of the script of Plum Blossom Scar. This Court hereby affirms this fact.
All the five defendants argue that because Lin Jiuyu conducted compilation in the course of creation of the script of Plum Blossom Scar, she should be an author of the script based on such compilation, and have copyright in the script. At a minimum, the script should be a work jointly created by Lin Jiuyu and the plaintiff, and Lin Jiuyu should be the co-author of the script, holding copyright in the script jointly with the plaintiff. In this regard, this Court is of the opinion that compilation in copyright law means the abridgement, combination, and arrangement of some discrete works or materials to make them appreciable after processing and collation. The point is that compilation requires the original intellectual contribution of the compiler and a work is created eventually based on such original contribution. As for a work of joint authorship, co-authors must have participated in the creation of the work and contributed their creative intellectual efforts. Whether a writer is an author should depend on whether the writer has contributed any original intellectual efforts in the process. If all the plot and scenes of the work are created and dictated by others and the writer merely transcribes the dictation in verbal form as an assistant, the writer is not a co-author in copyright law.
In this case, Lin Jiuyu collated the script of Plum Blossom Scar based on the dictation of the plaintiff, which was merely recording, rather than compilation or joint creation by making original intellectual contributions in copyright law. Therefore, Lin Jiuyu is not an author of the script of Plum Blossom Scar. This Court hereby determines that Chen Zhe, the plaintiff in this case, is both the author and the copyright owner of the script of Plum Blossom Scar.
2. Relationship between the novel and the script of Plum Blossom Scar
Regarding whether there is no separate copyright in the novel of Plum Blossom Scar because it is the same work as the script, the plaintiff claims that the novel is an adaptation of the script.
In the opinion of this Court, this issue depends on whether the novel is an original work different from the script. Originality means that the work is independently created by the author with original intellectual efforts, emphasizing the independent completion of the work and creativity. Independent completion of the work means that the work is the result of the author's independent thinking and composition, instead of simple imitation of or plagiarism from the works of others. Creativity means that the work bears the unique personality of the author in creating the work, that is, creative expression unique to the author. Therefore, in copyright law protection, originality emphasizes that a work is the unique intellectual product of the author, not anyone else.
Based on the facts found by this Court, the novel is highly relevant and similar to the script in plot, but is an original work different from the script. Therefore, the novel should be an adaptation work from the script, and its author should enjoy copyright according to the law. Considering that the named author of the novel is plaintiff Chen Zhe, this Court hereby determines that plaintiff Chen Zhe is both the author and copyright owner of the novel of Plum Blossom Scar.
3. Whether the content adapted and shot as alleged by the plaintiff is protected by copyright law
(1) Subject matter of copyright
The subject matter of copyright is a work. Instead of the themes, ideas, emotions, and scientific principles, among others, reflected by a work, copyright law protects the author's expression or presentation of such themes, ideas, emotions, and scientific principles. The expression or presentation protected by copyright law not only includes the final forms of a work such as words and graphics, but also the content of the work when the content becomes a form of expression of the author's ideas and themes. However, when such expression is in the public domain or is the only form available, it is not under the protection of copyright law.
As a work defined in copyright law, a literary work such as a novel or script is under the protection of copyright law. The elements of expression of such a work, including but not limited to the rather specific characters, relations among characters, events in the plot, connections of scenes, interactions between characters and scenes, and conflicts, generally contain the unique intellectual creations of the author and the most shining originality of the work as a whole, and should be protected by copyright law.
The creation of a literary work is based on the arrangement of specific relations among characters, storylines integrated with characters, and certain specific logical connection, which constitute the entire story and eventually present the whole picture of the work. Characters and relations among characters are the main elements that present conflicts between characters and move the story forward. However, the isolated traits of a character (identity, appearance, personality, interest, skills, etc.) or generalized relations among characters (family members, lovers, friends, etc.) are more material in the public domain, and the prior user has no monopoly over such material in the creation of works. However, a literary work with originality always presents distinctive and specific relations among characters through the interactions of storylines and characters so that relations among characters are presented in an original way based on the development of a particular storyline, and the author's creative design brings the relations among characters of the work out of the public domain, and make them original and included in the copyright protection. Particularly, in a work of fiction, the author enjoys substantial freedom in both the space and methods for creation. Distinctive images of characters are created through vivid descriptions, and the story moves forward and dramatic conflicts and fates of characters are presented through the development of relations among characters.
The plot and scenes are the basic expression of a literary work. The direct way for readers or audiences to appreciate and judge the content of a literary work is to acquire its plot and scenes. Based on the particular selection of material, event design, and character arrangement, the author integrates his unique intelligence in the building of a story with specific causal relationships and logical connections. Creating exciting scenes is the foundation or premise of an excellent literary work, an important factor for people to take delight in talking about a work, the cornerstone for a long-lasting classical work, and even the soul in the creation of a literary work. Therefore, it is of great significance to provide copyright protection to the plot and scenes of a literary work.
In terms of literary works, for some scenes and material that are not evidently similar or may be regarded to be in the public domain, it is difficult to draw an accurate conclusion on whether two works are similar by merely comparing a single scene or material out of the context, but it is easier to discover the similarity of two works in creation structure by comparing the composition and arrangement of such scenes and material as a whole. For literary works, even if a single scene itself is not creative enough, the scenes can be connected and logically arranged into a complete, personalized and creative expression that confers originality upon the work as a whole. The selection and ingenious structural arrangement of scenes and the design of inferences from scenes all reflect the personalized judgment and selection of the author, and embody the unique way of thinking of the author. Based on the same design of the plot, different works may be created with different storylines, scene arrangements and logical inferences. Particular storylines, plot arrangements and logical inferences may turn a work into an original creation as a whole. If the two works compared have similar appearances for the same structures and scene arrangements, among others, it may be determined that the later work is a copy or adaptation of the preexisting work as a whole, despite differences in some scene arrangements. Therefore, the rather specific design of characters, scene arrangements, and intrinsic logical connections are undoubtedly the important elements that should be under the protection of copyright law.
(2) Ideas and expression and the differences between them
Copyright law protects expression of ideas, rather than ideas. Generally speaking, ideas are concepts, terms, principles, objective facts, creativity, and discoveries, among others. Expression means the descriptions of ideas in various forms or manners, such as literary, musical, digital, line, color, statue, or physical descriptions or communications. From this perspective, a work is formed through expression.
Therefore, it is necessary to distinguish between ideas and expression. In the opinion of this Court, the abstract generalization method may be used to analyze ideas and expression. A literary work is like a pyramid, the bottom of which lies the most specific expression while the top of which are the most general and abstract ideas. When the right holder of a literary work files a case to allege that the literary work of anyone else has infringed upon his copyright, and it needs to be confirmed by comparison, whether the similar content is expression or idea should be determined according to the position of similarity in the pyramid: the closer it is to the top of the pyramid, the more likely it is idea; the closer it is to the bottom of the pyramid, the more likely it is expression.
The characters and relations of characters in a literary work, if such relations are merely “parents and children,” “brothers” or “lovers,” they are undoubtedly ideas at the top of the pyramid. If the relations are further specified, for example, “the father is a Prince of the First Rank and the son is a Prince of the Third Rank but not his biological son,” “the elder brother is the switched boy, and the younger brother is the son of a concubine,” and “the lovers are two specific persons whose identities are exchanged due to the child switch at birth,” such designs are undoubtedly closer to the bottom of the pyramid as opposed to the aforesaid relations among characters. If specific events are arranged between persons with a particular relationship, it is undoubtedly a more specific design of the characters and relations among them, which will be even closer to the bottom of the pyramid. If arrangements such as the identities of characters, relations among characters, and correlations between characters and scenes are detailed enough, such characters and relations among characters are the specific expression.
Plot and scenes in a literary work are the relatively abstract plot and the relatively specific scenes. For plot and scenes, there is still a line between ideas and expression. Whether they are ideas or expression depends on whether the plot and scenes are narrated in a summary or general manner or are detailed enough to produce a specific experience of sensing the specific source of the work. If they are detailed to such an extent, reaching the critical point between ideas and expression, they may be regarded as expression.
The 17 and 21 bridge plots as listed by the plaintiff respectively for the novel and the script of Plum Blossom Scar basically constitute the continuous events with causal relationships, and these “bridge plots” should be categorized into specific “scenes.”
(3) Relationships among specialized scenes, limited expression and public domain material
“Specialized scenes,” or more accurately, the scenes a faire doctrine, means that where, according to historical facts, people's experience or the expectation of readers or audiences, it is necessary in a literary work to depict some scenes or use the arrangement and design of some scenes to express a theme, even if they have been depicted in a preexisting work, it is not infringement for the author of a later work to depict the same scenes in his own way of expression. “Limited expression” means that when there is only one method or there are limited methods to express a particular idea, the expression and the idea are merged. It is not infringement even if there is substantial similarity between works. However, it needs to be noted that, even under limited expressions, actually there is space for creation, and completely identical creative expressions are extremely rare. “Public domain material” means the works, material, or objective facts that have entered the public domain and are no longer under the protection of copyright law.
In the opinion of this Court, copyright law sets no restrictions on the use of specialized scenes, limited expression and public domain material, but it does not mean that the content of a work independently created by an author on the basis thereof will be automatically categorized as specialized scenes, limited expression and public domain material. The plot of a play created using such material, including many elements such as characters, relations among characters, scenes, and storylines formed based on the logical development and arrangement of scenes is surely under the protection of copyright law. The creator cannot prevent others from using specialized scenes, limited expression and public domain material, but surely can prevent others from using his original work. Therefore, when determining whether a work created on the basis of specialized scenes, limited expression and public domain material and the content thereof are under the protection of copyright law, the focus should be on whether the author has added his original intellectual expression which confers certain originality on the content when using relevant material. In a copyright infringement case, when there is enough evidence that the content of a work is specific expression, the burden to produce evidence on whether such content is specialized scenes, limited expression and public domain material, instead of independent creation of the author, should be on the defendant.
4. Whether the script of The Palace has infringed upon the right of adaption of the script and novel of Plum Blossom Scar
(1) Whether the defendants have access to the works of the plaintiff
The essential elements of copyright infringement are access and substantial similarity. Access is one of the essential elements of copyright infringement. There are two circumstances of access: first, the work has not been published but there is evidence that the defendant has actually had access to it; and second, the work has been published and is available to the public. According to Article 9 of the Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases of Civil Disputes over Copyright, “available to the public” means that the work is published to unspecific persons as decided or licensed by the copyright owner, but whether it is known by the public is not an essential element. Therefore, when a work is available to the public, it is a condition that unspecific persons have access to it through normal channels, and it does not require the existence of a fact that someone has known and had access to it. The so-called “access” is not limited to direct evidence of the actual acquirement of the content of a work, and access can be presumed where there is a reasonable possibility that the defendant has access to the plaintiff's work under normal circumstances, for example, the work is published through exhibition, publication, distribution, performance, screening, or broadcasting.
Once a television series is broadcasted, it can be presumed that the script for the television series is published. In this case, the broadcasting of the television series of Plum Blossom Scar makes the content of the script of Plum Blossom Scar available to the public, as the audiences are able to know the entire content of the script of Plum Blossom Scar by watching the television series. Therefore, the broadcasting of the television series can be presumed to be the publication of the script. Considering that all defendants in this case have the opportunity and possibility to have access to the television series of Plum Blossom Scar, it can be presumed that each defendant has the opportunity and possibility to have access to the script of Plum Blossom Scar. The “access” essential element of copyright infringement is satisfied.
(2) Relationship between adaptation and reasonable borrowing
A work created by adaptation, translation, annotation, arrangement or compilation of preexisting works is a derivative work. A derivative work created on the basis of a preexisting work of another person without authorization is an infringing work to the author of the preexisting work, but it is not plagiarism or reproduction of that work. It is a product of creative activities for which its author has made creative efforts, and there is copyright in such a work. The author of a derivative work has the right to prohibit others from using the work. However, because such a work is derived from a preexisting work without the authorization of the author of the preexisting work, the use of such a work should be authorized by the author of the preexisting work, and any use without such authorization is an infringement.
In a case involving infringement upon the right of adaptation, the basis for determining such infringement is whether there exists a relationship between the adaptation and the source of adaptation. The method to find this basic fact is generally to compare the contents of the two works and, based on similar elements of expression, judge whether the two works have the relevance defined in copyright law. “Relevance” means that whether the pre-existing work and the later work have a source and reproduction relationship in expression. In terms of audience's appreciation and experience, if it is an adaptation, the audience generally is able to sense that “the two are similar or the later work is derived from the preexisting work.”
Borrowing may mean the sheer use of ideas instead of expression or the fair use. As to which act is infringement and which act is reasonable borrowing, it is actually still about the line between ideas and expression. The borrowing of ideas does not harm the original creation of the author, and is thus generally not involved in copyright infringement. Whether the borrowing of expression is infringement depends on the proportion of the content borrowed, including the proportion of such content in the original work and the proportion of such content in the new work. In weighing such proportions, one should not only conduct quantitative measurement, but also measure the significance and originality of expression of the content borrowed, that is, from a qualitative standpoint. The evaluation criteria may vary in individual cases.
(3) Criteria for determining similarity in infringement upon the right of adaptation
It is undeniable that new original characteristics are formed through adaptation from the integration of original intellectual efforts of the adaptor and an adaptation work is created under copyright law.
Compared with the preexisting work, the adaptation work has certain changes in expression, especially when it is adaptation of a work in a form that has particular functions. For example, a literary work is adapted into a script. As a literal work, a script is created primarily for the shooting of a film or television work. A script and a film or television work are highly related and concomitant. In this aspect, a script has the functions distinct from those of a work in a literary form such as novel, essay or poetry. Based on its functions and purposes of creation, a script needs to meet the shooting and audio-visual presentation needs of a film or television work in content and form of expression, as it presents a work mainly through scenes and lines. Therefore, a script is a literal work by nature, but in a certain degree, it has given up the basic form of expression adopted for creating a literary work such as novel, and uses explicit story narration and emotional contagion as its basic form of expression. In determinations involving an adaptation of a novel into a script, whether the script is compared against the novel or vice verse, it is inappropriate to deny similarity between the two works merely based on the explicit verbal expression and different lines of the two works, because conducting comparison is to judge whether the preexisting work is the source of adaptation, and adaptation itself means that eventually the later work will be different from the preexisting work in expression. For a script or a film or television work, the lines of characters are means to express the plot or present a story, but plot and scenes often represent the more important creative content of the script or film or TV work.
Therefore, when lines are different but plot and scenes are obviously similar or related, it is unfair to the author of the preexisting work to deny similarity between two works and infringement merely based on the expression of lines. Surely, this does not deny the artistic value of different types of lines created as a result of the different linguistic styles of authors. This principle shall also be followed in the comparison of different scripts, because lines may vary significantly as a result of the different writing styles of authors, but plot and scenes should be the focus in the determination of similarity and relevance.
In terms of the type of a work, a work of fiction is different from a historical work. With more creation space, the author of a work of fiction may freely create such elements as time, location, characters and events, select and arrange public domain material to his liking, and compose the work freely based on his own ideas. Therefore, even for the same kind of scenes, they may be rather different in the works of different authors, and it is less possible that the works of different authors have the same or highly similar contents.
Moreover, authors who are in different times or have different life experiences or writing styles, techniques and skills always have different themes to express through their works. However, when a conclusion is reached upon comparison that substantial similarity exists between two works, the differences in ideas will not directly impair the comparison conclusion or eliminate similarity.
(4) Specific circumstances in this case
(a) Comparison in terms of the characters and relations among characters
In literary works, the development of relations among typical characters is based on a select mix of particular scenes. An insolated comparison of relations among the characters without regard to the scenes may fall into a comparison in dimensions of ideas or public domain material, and a conclusion drawn from such comparison is unfair to both the author of a preexisting work and the author of a later work. However, if the relations among the characters and the storylines of the particular characters in the compared works are highly similar, it may be determined that copyright infringement occurred.
The primary plots of the plaintiff's novel and script of Plum Blossom Scar unfold among the following characters: Prince Shuo; Qianrou (Xueru), consort; Pianpian, a concubine; Bai Yinshuang; Haozhen; Haoxiang; Princess Lanxin; Nanny Cui; Xiaokouzi; Akedan; Nanny Su (pronounced in the fourth tone); Bai Shengling; Xiangqi; Duolong; Wanrou (Xueqing); Nanny Su (pronounced in the first tone); the Emperor; the Queen; and others.
The plot of the script of The Palace related to the claims of the plaintiff unfolds mainly among the following characters: General Fucha Wenghadai; Nalan Yingyue, consort; Rumei, a concubine; Liancheng; Hengtai; Mingxuan; Princess Xingdai; Nanny Li; Guo Xiao; Nanny Guo; Song Liniang; the Emperor; the Queen; and others.
Results of comparison of the works of both the plaintiff and the defendants in terms of the relationship arrangements among the particular characters and scenes are as follows (the script and novel of Plum Blossom Scar preceding the script of The Palace):
Prince Shuo (As the patriarch with the highest status in the family, he is the source of pressure leading to the switch at birth; has no son and is fond of Pianpian, a concubine, before the switch at birth by his consort; has been proud of Haozhen for years; beats Xiaokouzi with a rod upon learning about Haozhen's involvement in a fight to save Yinshuang; etc.) – General Fucha Wenghadai (As the patriarch with the highest status in the family, he is the source of pressure leading to the switch at birth; has no son and is fond of Rumei, a servant girl, before the switch at birth by his consort; has been proud of Hengtai for years; beats Guo Xiao with a whip upon learning Hengtai's involvement in a fight to save Liancheng; etc.); Qianrou or Xueru, consort (As the hostess with the highest status in the family, she gave birth to three daughters in a row, feels his status threatened by a concubine while being pregnant, and switches her newborn girl with a baby boy in order to protect her status in the family; meets Yinshuang in a yard after learning the romance between Haozhen and Yinshuang; arranges later for Yinshuang to enter the family; realizes that she is her daughter when seeing the plum blossom scar on her; …) – Nalan Yingyue, consort (As the hostess with the highest status in the family, she gave birth to three daughters in a row, feels his status threatened by a concubine while being pregnant, and switches her newborn girl with a baby boy in order to protect her status in the family; meets Liancheng in a yard after learning the romance between Hengtai and Liancheng; arranges later for Liancheng to enter the family; realizes that she is her daughter when seeing the red birthmark on her; …); Pianpian, a concubine (A dancer from a northwest Muslim area of China as a birthday gift to Prince Shuo, she becomes a concubine of Prince Shuo, and gave birth to his second son, Haoxiang; after learning the truth of the switch at birth, tips off the Princess to the switch (in the script) or enters the palace together with Haoxiang to tip off the Princess (in the novel); …) – Rumei, a concubine (As the General's favorite servant girl and concubine, she gave birth to the General's second son, Mingxuan; after learning the truth of the switch at birth, tips off the Princess together with Mingxuan; …); Bai Yinshuang (As the biological daughter of Qianrou or Xueru abandoned on the night of her birth due to the switch at birth, she is later found, grows up by singing for a living, falls in love with Haozhen, and enters the House of Prince Shuo as a servant girl; after her romance with Haozhen is exposed, has to endure the torture from Princess Lanxin, becomes a concubine of Haozhen, and is considered a fox spirit; …) – Liancheng (As the biological daughter of Yingyue abandoned on the night of her birth due to the switch at birth, is later found, grows up in the neighborhood of Yingfangge, falls in love with Hengtai, and enters the General's House as a servant girl; after her romance with Hengtai is exposed, has to endure the torture from Princess Xingdai, becomes a concubine of Hengtai, and is slandered as being possessed by a fox spirit; …); Haozhen (As the baby boy obtained in the switch, he grows up in the Princess's House, falls into love with Yinshuang, arranges for Yinshuang to live in the house of an aunt-in-law of attendant Xiaokouzi after paying for the burial of Yinshuang's farther, and is ordered to marry Princess Lanxin; ...) – Fucha Hengtai (As the baby boy obtained in the switch, he grows up in the General's House, falls into love with Liancheng, arranges for Liancheng to live in the house of a distantly related aunt of attendant Guo Xiao after paying for the burial of Liancheng's mother, and is ordered to marry Princess Xingdai; ...); Haoxiang (As the son of concubine Pianpian, he is jealous of his elder brother and disgruntled with his parentage, slanders Haozhen in front of Prince Shuo, and after learning the secret of the switch at birth, plans to disclose it to the public but is confined to his room by Prince Shuo (in the script) or enters the Palace to tip off the Princess to the secret; …) – Mingxuan (As the son of concubine Rumei, he is jealous of his elder brother, slanders Hengtai in front of the General, and after learning the secret of the switch at birth, tips off the Princess to the secret; …); Princess Lanxin (Very adored by the Emperor, she is ordered by the Emperor to marry Haozhen; for her deep love with Haozhen, tortures Yinshuang after learning the romance between Haozhen and Yinshuang, and later tries to get along with Yinshuang only to be misunderstood; believing that Yinshuang is a fox spirit, invites a master to exorcise the spirit; …) – Princess Xingdai (Very adored by the Emperor, she is ordered by the Emperor to marry Hengtai; for her deep love with Hengtai, tortures Liancheng after learning the romance between Hengtai and Liancheng, and later tries to get along with Yinshuang only to be misunderstood; slanders Liancheng as being possessed by a fox spirit, and invites a master to exorcise the spirit; …); Nanny Cui (Bringing up Lanxin, entering the Princess's House with Lanxin, feeling sorry for Lanxin, and coming up with ideas to frame Yinshuang; …) – Nanny Li (Bringing up Xingdai, entering the General's House with Xingdai, feeling sorry for Xingdai, and coming up with ideas to frame Liancheng; …); Xiaokouzi (As a personal attendant of Haozhen, he is beaten with a rod as a punishment from Prince Shuo to take the blame for Haozhen, and comes up with ideas to settle Yinshuang; …) – Guo Xiao (As a personal attendant of Hengtai, he is beaten with a whip as a punishment from the General to take the blame for Hengtai, and comes up with ideas to settle Liancheng; …); Nanny Qin (As the personal nanny of Qianrou or Xueru, she is an insider of the switch at birth plan, accompanies Qianrou or Xueru to meet Yinshuang, and notices that Yinshuang resembles Qianrou or Xueru in her younger days;.. ) – Nanny Guo (As the personal nanny of Yingyue, she is an insider of the switch at birth plan, accompanies Yingyue to meet Liancheng, and notices that Yingyue resembles Yingyue when she was young;.. ); Bai Shengling (As the adoptive father of Yinshuang, he sings for a living in the street, finds Yinshuang near a stream, brings up Yinshuang, is assaulted by Duolong and his muscles to protect Yinshuang, is gravely injured, and later dies; …) – Song Liniang (As the adoptive mother of Liancheng and owner of brothel, she finds Liancheng near a stream, brings up Liancheng, is assaulted by Tong Jialing and his muscles to protect Liancheng, is gravely injured, and later dies; …); Duolong (He is defeated by Haozhen in his first attempt to forcibly obtain Yinshuang, and in his second attempt, injures Bai Shengling, who later dies from the grave injury; …) – Tong Jialing (A son of the vice-minister of civil appointments, tries in vain to flirt with Liancheng in Yingfangge, chases her to the street, is defeated by Hengtai, and in his second attempt to forcibly obtain Liancheng, injures Song Liniang, who later dies from the grave injury; …)
The above correspondence between characters is not only found in the identities and interrelationships of characters, but also indispensable in relation to the specific scenes and development of storylines. Such intrinsic relations do not exist in the evidence provided by the defendants, and may be determined as being originated by the plaintiff. It may be inferred that the characters and relations among characters in the script of The Palace are adaptation and re-creation based on the plaintiff's works, the novel and script of Plum Blossom Scar.
(b) Comparison of the scenes claimed by the plaintiff
The 21 scenes claimed by the plaintiff in the script of Plum Blossom Scar include: baby girl switched at birth with baby boy; baby girl found and adopted; heroic young man; beauty saved by hero and young man finding beautiful singer as companion; second son disclosing conflict and personal attendant implicated; sad abandoned girl soothed by adoptive parent; death of adoptive parent from villain's assault and abandoned girl seeking shelter in deserted temple; young man lending hand in burying abandoned girl's parent and settling her in yard house; token of love, married without parents' consent and scar first seen; consort meeting abandoned girl in yard house and resemblance to consort noticed; married as ordered by Emperor but without consummating marriage many days; abandoned girl entering Prince's house to attend to consort; Princess discovering affair and torturing abandoned girl; admitted as concubine; pleading to the Emperor; consort first seeing scar; consort asking abandoned girl about her past and pledging to protect her daughter; bridge plot of Taoist exorcising spirit; Princess seeking truce but misunderstood; return of abandoned girl; and secret exposed.
The 17 scenes claimed by the plaintiff in the novel of Plum Blossom Scar are the above scenes in the script of Plum Blossom Scar except baby girl found and adopted; second son disclosing secret but implicating personal attendant; sad abandoned girl soothed by adoptive parent; and Princess seeking truce but misunderstood.
This Court finds that the details of the above scenes presented in schedules by the plaintiff are in similar arrangements in the script and novel of Plum Blossom Scar and the script of The Palace, constituting specific expression. On this basis, this Court compares the script of The Palace and the plaintiff's script and novel of Plum Blossom Scar by each scene claimed by the plaintiff, and makes the following determinations:
(i) Certain scenes in the script of The Palace claimed by the plaintiff to be adaptations of those in her script and novel of Plum Blossom Scar are public domain material, and such scene arrangements in the script and novel of Plum Blossom Scar do not show distinct originality, not protected by the copyright law:
Scene 6: Sad abandoned girl soothed by adoptive parent (in a claim of the plaintiff based on her script of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen has not seen Yinshuang for a month. After noticing the affection of Yinshuang for Haozhen, Bai Shengling reminds her of the wide gap between the two in status, and Yinshuang shyly denies her feelings for Haozhen.
This scene is arranged in the script of The Palace as follows: Hengtai has not seen Liancheng for a month. After noticing the affection of Liancheng for Hengtai, Song Liniang arranges a date for Liancheng who refuses it, and reminds Liancheng of the wide gap between the two in status, and Liancheng shyly denies her feelings for Hengtai.
Scene 14: Admitted as Concubine (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen rescues Yinshuang from the private torture by Lanxin, and announces to the whole family the status of Yinshuang as his concubine.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: After proving the innocence of Liancheng, Hengtai announces to the whole family the status of Liancheng as his concubine.
Scene 17: Consort asking abandoned girl about her past and pledging to protect her daughter (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Qianrou discovers the plum blossom scar on Yinshuang, asks her about her past, and decides to protect her daughter.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Yingyue discovers the birthmark on the shoulder of Liancheng, asks her about her past, and decides to protect her daughter.
The above scenes are public domain material, there are no distinct original designing and arrangements of such scenes in the plaintiff's script and novel of Plum Blossom Scar, and it cannot be inferred that the plaintiff's script and novel of Plum Blossom Scar are the direct source for the composition of the corresponding scenes in the script of The Palace.
(ii) The basic material for certain scenes in the script of The Palace claimed by the plaintiff to be adaptations of those in her script and novel of Plum Blossom Scar is public domain material, the plaintiff has processed such material in an original and artistic way, giving such scenes originality, but there is no substantial similarity between certain scenes in the script of The Palace and scenes originally arranged by the plaintiff:
Scene 2: Baby girl found and adopted (in a claim of the plaintiff based on her script of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: The two finders of the baby girl are street artist Bai Shengling and his wife. The baby girl is found in a basket near a stream. After finding the baby, there is a change of mentality of the finders from returning to adopting the baby.
This scene is arranged in the script of The Palace as follows: The only finder of the baby girl is Song Liniang, owner of Yingfangge, a brothel, who finds the baby behind a rock. After finding the baby, Song Liniang decides to adopt her without any intent to return the baby.
Scene 3 Heroic young man (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen, at the age of 12, goes hunting with Prince Shuo and others, and shows his riding and archery skills. When Haozhen returns home, in a conversion between him and Qianrou, Qianrou is moved by his filial piety and thinking of her biological daughter.
This scene is arranged in the novel of Plum Blossom Scar as follows: On the basis of the script of Plum Blossom Scar, the conversation between Haozhen and Xueru after Haozhen returns home is removed, and the riding and archery skills of Haozhen and other events are mainly narrated.
This scene is arranged in the script of The Palace as follows: Hengtai, at the age of 20, is a young general of Fucha House. During a military drilling, he shows his excellent fighting and archery skills. In a conversation with Yingyue before he leaves, Yingyue is contented with the progress made by Hengtai, and thinks of her biological daughter.
Scene 4: Beauty saved by hero and young man finding beautiful singer as companion (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen, at the age of 20, finds Yinshuang being flirted by Duolong when she and her adoptive father are performing in Longyuan Hotel. Haozhen defeats Duolong and his muscles, saving the two. Afterwards, Haozhen frequents Longyuan Hotel to listen to Yinshuang singing.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Hengtai, at the age of 20, run into Liancheng in the street, who is being chased by Tong Jialing and his muscles. Hengtai defeats Tong Jialing and his muscles, saving Liancheng. Afterwards, Hengtai listens to Liancheng singing. Liancheng and Hengtai meets in a marketplace, rather than a restaurant, the meeting is not their first meeting, and saving Liancheng is not because Hengtai sees Tong Jialin flirting with Liancheng and Liancheng and Song Liniang are in a dangerous situation.
Scene 11: Married as ordered by Emperor but without consummating marriage many days (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen gets married with Princess Lanxin whom he has never seen before as ordered, and after the marital ceremony, Haozhen pretends to be drunk for five days to avoid consummating marriage with Lanxin, during which Lanxin understands and takes care of Haozhen.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Hengtai gets married with Princess Xingdai as ordered, but before getting married, Hengtai had served in the Palace and knew Xingdai. After getting married, Hengtai avoids consummating marriage with Xingdai for many days on excuses such as being busy in performing official duties, wounded, and ill, during which Xingdai tries to be intimate with Hengtai but is declined.
Scene 12: Abandoned girl entering Prince's house to attend to consort (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: After getting married with Princess Lanxin, Haozhen pretends to be drunk for many days, and refuses to consummate marriage with Lanxin. To induce Haozhen to consummate marriage with Lanxin, Qianrou promises Haozhen to admit Yinshuang into the House. At the night, Haozhen consummates marriage with Lanxin, and Qianrou arranges for Yinshuang as an adopted daughter of Xiaokouzi's aunt-in-law to enter the House as a servant girl to attend to Qianrou.
This scene is arranged in the novel of Plum Blossom Scar as follows: After getting married with Princess Lanxin, Haozhen pretends to be drunk for many days, and refuses to consummate marriage with Lanxin. Haozhen tells Xueru his feelings for Yinshuang. Knowing the existence of Yinshuang, in a wagon, Xueru goes to the yard house where Yinshuang lives to meet Yinshuang. She tries to persuade Yinshuang to leave Haozhen, but Yinshuang rather dies than leaves Haozhen to prove their love. Xueru is deeply moved, and arranges for Yinshuang as an adopted daughter of Xiaokouzi's aunt-in-law to enter the House as a servant girl to attend to Xueru.
This scene is arranged in the script of The Palace as follows: To save Liancheng, Hengtai delays his wedding with Xingdai. Afterwards, to complete the wedding and maintain peace in the House, Yingyue arranges for Liancheng as a distant relative of Nanny Guo to enter the House as a servant girl to attend to Yingyue.
Scene 13: Princess discovering affair and torturing abandoned girl (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Lanxin catches Yinshuang and Haozhen in the same room, discovering their affair. As suggested by Nanny Cui, she asks for transfer of Yinshuang from Qianrou's place to attend to her, and takes every opportunity to torture Yinshuang (such as splattering tea, hot congee, and water for washing face onto the person of Yinshuang, ordering Yinshuang to hold a candlestick beside her to attend to her, and imposing private punishment on Yinshuang).
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Xingdai catches Hengtai and Liancheng in the same room of the House for the first time, but gives up her suspicion about more intimacy between the two after Yingyue's intervention. Afterwards, as suggested by Nanny Li, Xingdai puts scent bags on servant girls, and discovers the affair between Hengtai and Liancheng. As suggested by Nanny Li again, Xingdai asks for transfer of Liancheng from Yingyue's place to attend to her, and takes every opportunity to torture Liancheng (such as requiring Liancheng to crack small walnuts with her bare hands and assigning heavy laundry work to Liancheng).
Scene 15: Pleading to the Emperor (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
In both the script and novel of Plum Blossom Scar and the script of The Palace, this scene is presented through conversations between Haozhen or Hengtai and the Emperor, with distinct differences.
Scene 16: Consort first seeing scar (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Yinshuang is viciously accused of having an affair with Duolong and Akedan, and the fetus in her is suspected of being unrelated to Haozhen. Feeling insulted, Yinshuang angrily run out, but trips on Nanny Cui and falls off the corridor. Haozhen throws himself to save her, but rips off one of the sleeves of Yinshuang. The plum blossom scar appears, and seeing the car, Qianrou realizes that Yinshuang is her abandoned biological daughter.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Yingyue and Xingdai conspire to frame Liancheng, accusing her of having an affair with Jiang Yichen, and bring Hengtai along to try to catch them in bed. When Liancheng explains, one of her sleeves is ripped off by Xingdai, and her birthmark on her shoulder appears. Yingyue happens to see the birthmark, and realizes that Liancheng is her abandoned biological daughter.
Scene 20: Return of abandoned girl (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: The Emperor learns of Haozhen's love with Yinshuang and indifference to the Princess, and punishes Yinshuang by ordering her to become a nun. Qianrou cannot endure the tragic fate of her daughter, and in a moment of desperation, tells the truth of the switch at birth.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
This scene is arranged in the script of The Palace as follows: Questioned persistently by Hengtai, Yingyue has to tell the truth of the switch at birth, which is overheard by the General. The General tells Yingyue about the plan to kill Liancheng at Qixia Peak, and in a moment of desperation, Yingyue tells the General that Liancheng is the biological daughter of the General and her.
The above scenes, as originally designed and expressed in the plaintiff's novel and script of Plum Blossom Scar, have counterparts in the script of The Palace, but there are distinct differences in the arrangements of specific scenes, from which it cannot be directly inferred that the plaintiff's script and novel of Plum Blossom Scar are the direct source for the composition of the script of The Palace.
(iii) Certain scenes in the script of The Palace claimed by the plaintiff to be adaptations of those in her novel and script of Plum Blossom Scar are original scenes in the plaintiff's works, and such scene arrangements in the script of The Palace are substantially similar to those in the works of the plaintiff:
Scene 1: Baby girl switched at birth with baby boy (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: In the reign of Emperor Qianlong of the Qing Dynasty, Qianrou, the consort of Prince Shuo, has given birth to three daughters in a row. Because Prince Shuo has no son, to celebrate the birthday of Prince Shuo, Pianpian, a dancer from a northwest Muslim area of China is offered to Prince Shuo as a gift. Qianrou's status in the House of Prince Shuo may be threatened if she is pregnant with a girl again. Her elder sister, Wanrou, comes up with the idea of a switch at birth with a baby boy if she gives birth to a girl again. At the night of labor, Qianrou gives birth to a girl again, and Wanrou abandons the baby girl near a stream after the switch. Before abandonment, Qianrou leaves a plum blossom brand on the shoulder of the baby girl as evidence for reunion in the future.
The dramatic purpose of the scene of “baby girl switched at birth with baby boy” is to achieve the switch of the male and female protagonists in social status. In this scene, the plaintiff has a series of original designing in her script and novel of Plum Blossom Scar: As a particular background, Qianrou has given birth to three daughters in a row, Prince Shuo has no son, Qianrou's status in the House of Prince Shuo is threatened by a concubine, and the fate of Qianrou may directly depend on whether she will give birth to a boy or a girl; the switch at birth is planed by elder sister Wanrou three months before Qianrou's labor; a brand is left on the shoulder of her biological daughter at the time of switch as evidence for future reunion; etc. Such details and particular combinations constitute the original arrangement of the switch at birth scene in the plaintiff's works, distinguishing it from the relevant design in other works and giving it originality.
This scene is arranged in the script of The Palace as follows: In the reign of Emperor Qianlong of the Qing Dynasty, Yingyue, the consort of General Fucha, has given birth to three daughters in a row. The General has no son, and is fond of a servant girl, Rumei, who is pregnant with a child of the General. Yingyue's status in the General's House is threatened, and her fate may directly depend on whether she will give birth to a boy or a girl. Yingyue conspires with Nanny Guo to switch her daughter at birth with a baby boy at all cost if she gives birth to a girl again. At the night of labor, Yingyue gives birth to a girl again, and Nanny Guo abandons the baby girl near a stream after the switch. Before abandonment, Yingyue spots a red birthmark on the shoulder of the baby girl.
Scene 5: Second son disclosing conflict and personal attendant implicated (in a claim of the plaintiff based on her script of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: After being defeated by Haozhen, Duolong tells Haoxiang about his conflict with Haozhen who tried to save Yinshuang. Haoxiang is jealous of his elder brother, and slanders Haozhen before Prince Shuo about the conflict. Prince Shuo is furious after learning the conflict, accuses Xiaokouzi of a bad influence on Haozhen, and punishes Xiaokouzi by beating him with a rod. To protect his favorite personal attendant, in a moment of desperation, Haozhen throws himself to the rod. Prince Shuo agrees to stop the punishment after the persistent imploration from Qianrou.
The dramatic purpose of the scene is to form a wall between Haozhen and Yinshuang preventing them from seeing each other for many days, and as arranged by the plaintiff to achieve this purpose, the cause of formation of such a wall is the negative attitude of Prince Shuo regarding Haozhen's action, Prince Shuo learns the conflict from Haoxiang who learns the conflict from Duolong who is defeated by Haozhen trying to save Yinshuang, and Haoxiang slanders Haozhen because he is disgruntled with his parentage and jealous of Haozhen. The negative attitude of Prince Shuo is expressed by a rod beating punishment of Haozhen's personal attendant, Xiaokouzi, instead of punishing Haozhen. Xiaokouzi is saved from the punishment because Haozhen throws himself to save Xiaokouzi and Qianrou persistently implores Prince Shuo to have mercy. Such an arrangement of the scene of “Second son disclosing conflict and personal attendant implicated” is an original arrangement in the plaintiff's works, distinguishing it from the relevant design in other works.
This scene is arranged in the script of The Palace as follows: After being defeated by Hengtai, Tong Jialin tells Mingxuan about his conflict with Hengtai who tried to save Liancheng. Mingxuan is jealous of his elder brother, and slanders Hengtai before the General about the conflict. The General is furious after learning the conflict, accuses Guo Xiao of a bad influence on Hengtai, and punishes Guo Xiao by beating him with a whip. To protect his favorite personal attendant, in a moment of desperation, Hengtai throws himself to save Guo Xiao from the beating. The General agrees to stop the punishment after the persistent imploration from Yingyue.
Scene 7: Death of adoptive parent from villain's assault (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen has not seen Yinshuang for a month, and Duolong comes to Longyuan Hotel again to try to forcibly bring Yinshuang to his place. To protect his daughter, Bai Shengling is heavily injured by the assault from Duolong and his muscles. Despite Yinshuang's efforts to seek medical treatments for her adoptive father, Bai Shengling dies. Yinshuang is evicted from Longyuan Hotel, and has to live in an abandoned temple all alone.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
The dramatic purpose of the scene is to put Yinshuang in a tragic position of being all alone. As arranged by the plaintiff to achieve this purpose, Yinshuang becomes all alone as a result of the death of Bai Shengling, her adoptive father; Bai Shengling dies despite of medical treatments from heavy injuries suffered in protecting Yinshuang; the person causing heavy injuries to and the death of Bai Shengling is Duolong who tries in vain again to forcibly bring Yinshuang to his place; and Duolong's second attempt is made when Haozhen is not on the scene to her rescue. The plaintiff's original creation is embodied in the design and arrangement of this scene, giving the scene originality that distinguishes it from the scenes in other works.
This scene is arranged in the script of The Palace as follows: Hengtai has not seen Liancheng for a long time, and Tong Jialin comes to Yingfangge again to make troubles and try to forcibly bring Liancheng to his place. To protect his daughter, Song Liniang is heavily injured by the assault from Tong Jialin and his muscles, and Yingfangge is on fire. Despite Liancheng's efforts to seek medical treatments for her adoptive mother, Song Liniang dies. Liancheng has to live in an abandoned temple all alone.
Scene 8: Young man lending hand in burying abandoned girl's adoptive parent and settling her in yard house (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: After learning the beating death of Bai Shengling, Haozhen arranges for the burial of Bai Shengling, and saves Yinshuang who is selling herself at Tianqiao Market for burial of her adoptive father. Afterwards, as suggested by his personal attendant, Xiaokouzi, Haozhen arranges for Yinshuang to live in a yard house of a distant relative of Xiaokouzi, and provides her with all necessities of life.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
The dramatic purpose of the scene is to create the objective conditions for Haozhen and Yinshuang to see each other and develop their romance. As arranged by the plaintiff to achieve this purpose, Yinshuang lives in a place known by Haozhen and convenient for their meeting, the place is recommended by Xiaokouzi, and the place is an unoccupied yard house of an aunt-in-law of Xiaokouzi; Haozhen arranges for Yinshuang's settlement; Haozhen helps Yinshuang when learning that Yinshuang is all alone after the death of Bai Shengling; and Yinshuang lives at ease in the yard house, because Haozhen has arranged for the burial of Bai Shengling. The series of design in the scene by the plaintiff makes the scene original and distinguished from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: After learning the beating death of Song Liniang, Hengtai arranges for the burial of Song Liniang, and saves Liancheng, who tries to seek justice for her adoptive mother but is framed, from the place of Tong Jialin. Afterwards, as suggested by his personal attendant, Guo Xiao, Hengtai arranges for Liancheng to live in a yard house of a distant relative of Guo Xiao, and provides her with all necessities of life.
Scene 9: Token of love, married without parents' consent and scar first seen (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen comes to Yinshuang's yard house again, but Yinshuang is not at home. He sends out servants to look for Yinshuang, and waits anxiously for Yinshuang to come back. Yinshuang comes back in the evening, and Haozhen comes down on her. After Haozhen finds out that Yinshuang went out for the preparation of an embroidered screen with a silver fox as a token of love for him, the two confide in each other and get married without parents' consent on the night, and Haozhen notices the plum blossom scar on the shoulder of Yinshuang. As arranged by the plaintiff in this scene, Yinshuang leaves her yard house without telling anyone, causing the anxiety of Haozhen; then, Haozhen comes down on Yinshuang without giving her a chance to explain after she comes back; the reason why Yinshuang leaves her yard house is to prepare a gift (an embroidered screen with a silver fox) for Haozhen within a short period of time; after truth is told, the two express true love with each other and get married without parents' consent on the night. The plum blossom scar on the shoulder of Yinshuang is noticed by Haozhen on the very day of their marriage without parents' consent.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
The dramatic purpose of the scene is to create a situation that Haozhen and Yinshuang get married without parents' consent. As arranged by the plaintiff to achieve this purpose, Haozhen and Yin get married without parents' consent after expressing true love with each other; after Haozhen finds out Yinshuang's feelings for him, the two confide in each other, triggering their expression of true love with each other; Haozhen finds out Yinshuang's feelings for him from the gift prepared within a short period time by Yinshuang; and Haozhen gets very worried when Yinshuang is not at home, and even comes down on Yinshuang after she is back. As stated by the plaintiff, the plum blossom scar is designed to be on the shoulder, a covered part, of Yinshuang, and the arrangement of Haozhen finding the scar on the shoulder of Yinshuang after the two get married without parents' consent is out of an artistic consideration of the author. Therefore, in this scene, the plaintiff also arranges for Haozhen to discover the plum blossom scar on the shoulder of Yinshuang after they get married without parents' consent. Such designing of the scene by the plaintiff suffices to make the scene original, distinguishing it from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: Hengtai comes to Liancheng's yard house again, but Liancheng is not at home. He looks for Liancheng everywhere, and waits anxiously for Liancheng to come back. Liancheng comes back in the evening, and Hengtai comes down on her. After Hengtai finds out that Liancheng went out for making clothes within a short period of time as a gift for him, the two confide in each other and get married without parents' consent on the night, and Hengtai notices the red birthmark on the shoulder of Liancheng.
Scene 10: Consort meeting abandoned girl in yard house and resemblance to consort noticed (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Haozhen did not return home the whole night. After he returns home, he runs into Qianrou, and tells her all about his feelings for Yinshuang. Qianrou agrees to go to the yard house to meet Yinshuang. In her meeting with Yinshuang, Qianrou at first tries to make her give up her feelings for Haozhen by offering her money, but Yinshuang rather dies than betrays her true love. Qianrou is moved by Yinshuang's perseverance. Back home, Qianrou and Nanny Qin talks about Yinshuang, and both feel that Yinshuang is just like Qianrou in her younger days.
This scene is arranged in the novel of Plum Blossom Scar as follows: After getting married with the Princess, Haozhen has not consummated the marriage with the Princess for five days. Finding no way out, Haozhen has to tell Xueru his feelings for Yinshuang. Xueru agrees to go to the yard house to meet Yinshuang. In her meeting with Yinshuang, Xueru at first tries to make her give up her feelings for Haozhen by offering her money, but Yinshuang rather dies than betrays her true love. Xueru is moved by Yinshuang's perseverance, and feels that Yinshuang somewhat looks familiar.
The dramatic purpose of the scene is to create the first meeting between Qianrou or Xueru and Yinshuang after Qianrou or Xueru is informed of the romance between Haozhen and Yinshuang, to persuade Yinshuang to leave Haozhen; Qianrou or Xueru meets Yinshuang in the yard house where Haozhen arranged for Yinshuang to live; the persuasion is in vain, and, instead, Qianrou or Xueru approves of the character of Yinshuang; coincidently, both Qianrou or Xueru and Nanny Qin feel that Yinshuang looks familiar and is just like Qianrou or Xueru in her younger days. Such designing of the scene by the plaintiff suffices to make the scene original, distinguishing it from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: Hengtai returns from the place of Liancheng to the Palace to do his job, and learns that the Emperor has ordered a marriage between him and Princess Xingdai. Back home, Hengtai is unhappy, and talks about it with Guo Xiao, but their conversation is overheard by Yingyue. Hengtai then tells Yingyue his feelings for Liancheng. Yingyue agrees to go to the yard house to meet Liancheng. In her meeting with Liancheng, Yingyue at first tries to make her give up her feelings for Hengtai by offering her money, but Liancheng would not sway. After leaving the yard house, Yingyue talks with Nanny Guo, her personal nanny, and both feel that Liancheng is just like Yingyue in her younger days.
Scene 18: Taoist exorcising spirit (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: In the House of Prince Shuo, rumor has it that Yinshuang is the reincarnation of a fox spirit. After hearing of the rumor, Princess Lanxin is very worried, and invites a master to exorcise the spirit allegedly possessing Yinshuang, and Yinshuang is gravely tortured.
This scene is arranged in the novel of Plum Blossom Scar basically in the same way as it is in the script of Plum Blossom Scar.
The dramatic purpose of the scene is to place Yinshuang under the torture by Lanxin again. The cause is a rumor that Yinshuang is the reincarnation of a fox spirit; and the manner of torture is exorcism by a master, assaulting Yinshuang both mentally and physically. Such designing of the scene by the plaintiff suffices to make the scene original, distinguishing it from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: Recently, incidents have occurred frequently in the General's House. Princess Xingdai slanders Liancheng by saying that Liancheng is possessed by a fox spirit, and invites Master Saman from the Palace to exorcise in the yard the fox spirit allegedly possessing Liancheng, and Liancheng is gravely tortured.
Scene 19: Princess seeking truce but misunderstood (in a claim of the plaintiff based on her script of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: Yinshuang miscarries after being accused of infidelity to Haozhen, and the gap between Haozhen and Lanxin becomes deeper. Nanny Cui persuades Lanxin to get along with Yinshuang to repair her relationship with Haozhen. Lanxin then brings nutrient supplements in person to visit Yinshuang. She runs into Haozhen on her way to Yinshuang's place, Haozhen suspects that Lanxin will harm Yinshuang again, and to prove her innocence, Lanxin drinks up the nutrient soup in a fit of rage.
The dramatic purpose of the scene is to create an irreconcilable relationship between Lanxin and Yinshuang. Lanxin offers truce because she realizes her relationship with Haozhen has dropped to the freezing point and can barely be maintained; the truce offering is suggested by her nanny; the manner of offering truce is to bring nutrient supplements to visit Yinshuang; the result is that Lanxin is misunderstood and suspected of attempting to poison Yinshuang, failing to achieve her purpose of seeking truce; and feeling insulted, she drinks up the nutrient soup to prove her innocence. Such designing of the scene by the plaintiff suffices to make the scene original, distinguishing it from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: After Liancheng is accused of infidelity to Hengtai, Hengtai realizes that it is Xingdai who frames Liancheng, and the gap between him and Xingdai becomes deeper. He even decides to divorce Xingdai. As persuaded by Qinxiang, a maid in the Palace, Xingdai realizes that her relationship with Hengtai can be repaired only by getting along with Liancheng. Xingdai then brings refreshments in person to visit Liancheng, intending to amend her relationship with Liancheng. She runs into Yingyue on her way to Liancheng's place, Yingyue suspects that Xingdai will harm Liancheng again. To prove her innocence, Xingdai eats the refreshments in a fit of rage.
Scene 21 Secret exposed (in a claim of the plaintiff based on her script and novel of Plum Blossom Scar)
This scene is arranged in the script of Plum Blossom Scar as follows: After the truth of the child switch at birth is told, Haoxiang realizes that Haozhen is not a son of Prince Shuo and thus the only beile in the House of Prince Shuo is himself. Discontented, he plans to expose the secret, but is confined to his room by Prince Shuo. Sad and angry, Pianpian tells Lanxin about the child switch at birth.
This scene is arranged in the novel of Plum Blossom Scar as follows: After the truth of the child switch at birth is told, Haoxiang realizes that Haozhen is not a son of Prince Shuo and thus the only beile in the House of Prince Shuo is himself. Discontented, he goes to the Palace along with Pianpian to expose the secret.
The dramatic purpose of the scene is to reach the tragic ending of the play through the exposure of the secret of child switch at birth. The tragedy results from the exposure of the secret of child switch at birth; the person exposing the secret is Pianpian in the script or Pianpian and Haoxiang in the novel of Plum Blossom Scar; and the reason for the exposure of secret is that Haoxiang is discontented and decides to expose the secret after being informed of the truth of the child switch at birth, and Pianpian exposes the secret to the Princess out of her love for her son after Prince Shuo confines Haoxiang to his room as is in the script of Plum Blossom Scar or Haoxiang goes to the Palace along with Pianpian to expose the secret as is in the novel of Plum Blossom Scar. Such designing of the scene by the plaintiff suffices to make the scene original, distinguishing it from the relevant scenes of other works.
This scene is arranged in the script of The Palace as follows: After the truth of the child switch at birth is told, Mingxuan realizes that Hengtai is not a son of the General and thus the first son of the General is himself. Discontented, he goes to expose the secret to the Princess along with Rumei.
To sum up, in the creation of works such as television plays, films and dramas, the particular dramatic functions and purposes are realized and expressed through the creators' personalized setting of relationships among characters, character and scene arrangements, and design of conflicts. The basic element of expression is plot and scenes.
In the arrangements of scenes in this part, the script and novel of Plum Blossom Scar contain original artistic treatment in the expression of scenes, distinguishing it from the relevant expression in other works. The arrangements of scenes in the script of The Palace are highly similar to the original arrangements in the script and novel of Plum Blossom Scar, and only differ in certain details (for example, in Scene 1, the conspiracy to switch a baby girl with a baby boy at birth is made between the consort and her personal nanny; and her biological daughter has a red birthmark on her shoulder, instead of a brand; in Scene 5, the General punishes Guo Xiao by beating him with a whip, instead of a rod; in Scene 7, Liancheng becomes homeless because Yingfangge where she lives is burned down, instead of being evicted; in Scene 8, Hengtai saves Liancheng from the House of Tong Jialin, instead of Tianqiao Market; in Scene 10, Hengtai tells Yingyue his feelings for Liancheng after knowing the ordered marriage but before getting married with Xingdai; in Scene 18, Liancheng is slandered as being possessed by a fox spirit, instead of being a fox spirit, and the scene is set before Yingyue realizes that Liancheng is her biological daughter; in Scene 19, Xingdai brings refreshments to visit Liancheng as suggested by a maid sent from the Palace, and Yingyue, instead of Hengtai, stops Xingdai on her way to visit Liancheng; etc.). Such differences do not mean any substantive change of the dramatic functions of differentiating elements that may lead to appreciation similar to that of the arrangements of scenes in the works of the plaintiff. In this case, all the defendants fail to provide sufficient evidence to negate the originality of the above scenes in the script and novel of Plum Blossom Scar or to justify any other sources for the composition of the relevant scenes in the script of The Palace. There is a similarity in certain scenes between the script of The Palace and the plaintiff's script and novel of Plum Blossom Scar. The arrangements of the above scenes in the script of The Palace are adaptations and re-creation of the plaintiff's script of Plum Blossom Scar (based on the scenes of baby girl switched at birth with baby boy; second son disclosing conflict and personal attendant implicated; death of adoptive parent from villain's assault; young man lending hand in burying abandoned girl's adoptive parent and settling her in yard house; token of love, married without parents' consent and scar first seen; consort meeting abandoned girl in yard house and resemblance to consort noticed; Taoist exorcising spirit; Princess seeking truce but misunderstood; and secret exposed) and novel of Plum Blossom Scar (based on the scenes of baby girl switched at birth with baby boy; second son disclosing conflict and personal attendant implicated; death of adoptive parent from villain's assault; young man lending hand in burying abandoned girl's adoptive parent and settling her in yard house; token of love, married without parents' consent and scar first seen; consort meeting abandoned girl in yard house and resemblance to consort noticed; Taoist exorcising spirit; Princess seeking truce but misunderstood; and secret exposed).
(c) Comparison of works as a whole
The claims of the plaintiff involve 21 scenes in the script of Plum Blossom Scar and 17 scenes in the novel of Plum Blossom Scar.
These scenes are arranged in the following order in the script of Plum Blossom Scar: (1) baby girl switched at birth with baby boy; (2) baby girl found and adopted; (3) heroic young man; (4) beauty saved by hero and young man finding beautiful singer as companion; (5) second son disclosing conflict and personal attendant implicated; (6) sad abandoned girl soothed by adoptive parent; (7) death of adoptive parent from villain's assault and abandoned girl seeking shelter in deserted temple; (8) young man lending hand in burying abandoned girl's adoptive parent and settling her in yard house; (9) token of love, married without parents' consent and scar first seen; (10) consort meeting abandoned girl in yard house and resemblance to consort noticed; (11) married as ordered by Emperor but without consummating marriage many days; (12) abandoned girl entering Prince's house to attend to consort; (13) Princess discovering affair and torturing abandoned girl; (14) admitted as concubine; (15) pleading to the Emperor; (16) consort first seeing scar; (17) consort asking abandoned girl about her past and pledging to protect her daughter; (18) Princess seeking truce but misunderstood; (19) Taoist exorcising spirit; (20) return of abandoned girl; and (21) secret exposed.
In the script of Plum Blossom Scar, the logical inferences from scenes in the above order are that: the roles of Haozhen and Yinshuang are exchanged through the switch of them at birth, and the plum blossom brand is designed as proof for Qianrou and Yinshuang, mother and daughter, to be reunited in the future; Yinshuang is adopted by Bai Shengling, and Haozhen grows up in the House of Prince Shuo, creating a sharp difference in the growth environment and social status of them; Haozhen first meets Yinshuang after he defeats Dulong and his muscles in Longyuan Hotel to save Yinshuang, laying the groundwork for their future romance and developments of the story; as a result of Haozhen's rescue of Yinshuang and Haoxiang's jealousy of Haozhen, Haoxiang reports the affair to Prince Shuo, Prince Shuo punishes Xiaokouzi, and for the huge gap in social status of the two, Bai Shengling has to persuade Yinshuang to give up her feelings for Haozhen; Yinshuang becomes all alone as a result of Duolong's attempt to forcibly obtain Yinshuang and the death of Bai Shengling, which provides a premise for Haozhen to arrange for a dwelling for Yinshuang, and Yinshuang accepts the assistance from Haozhen and lives in a yard house belonging to an aunt-in-law of Xiaokouzi, which creates conditions for the further development of the romance of the two; Yinshuang and Haozhen get married without parents' consent, the Emperor orders a marriage for Haozhen, which is the basis of the love triangle among Haozhen, Yinshuang and Lanxin; Qianrou decides to meet Yinshuang in the yard house after knowing the romance between Haozhen and Yinshuang, which is the first meeting between the mother and daughter in more than 20 years; after marriage as ordered by the Emperor, Haozhen's deep love for Yinshuang makes him miss Yinshuang and unable to accept Lanxin in his heart, which is the basis of the scene of Haozhen avoiding consummating his marriage with Lanxin; Yinshuang's settlement in the House of Prince Shuo is decided by Qianrou based on the affection between Haozhen and Yinshuang for the safety of the House of Prince Shuo, as a preparative development for Lanxin's future discovery of the affection between Haozhen and Yinshuang and torture of Yinshuang; Lanxin's torture of Yinshuang pushes the conflicts of Lanxin with Haozhen and Yinshuang to the maximum, and Haozhen officially announces Yinshuang as his concubine to protect Yinshuang; the loveimbroglio among the three makes the Emperor worried about the situation of Lanxin, the scene of pleading to the Emperor is thus created, and the Emperor is convinced by Haozhen not to impose any punishment, which provides a basis for the future punishment of Yinshuang by the Emperor; Lanxin's hatred is not relieved by the status of Yinshuang as a concubine and the Emperor's decision not to impose punishment, Lanxin's false accusation of Yinshuang of infidelity puts Yinshuang in an even worse position in the House of Prince Shuo, Yinshuang runs away in a moment of desperation, and trips, causing the appearance of her plum blossom scar, and Qianrou confirms that Yinshuang is her biological daughter and vows to protect Yinshuang, foreshadowing the revelation of the truth of the child switch; Lanxin offers truce to Yinshuang in an attempt to save her relationship with Haozhen, but is suspected by Haozhen of attempting to poison Yinshuang, and her hatred for Yinshuang thus continues; Lanxin increases her torture of Yinshuang by spreading rumor that Yinshuang is a fox spirit and inviting a master to exorcise the spirit, the Emperor orders Yinshuang to become a nun after knowing Lanxin's situation in the House of Prince Shuo, and seeing Yinshuang's suffering, Qianrou collapses and tells Prince Shuo the truth of the child switch at birth; for rancor accumulated over many years, Haoxiang plans to expose the secret after learning the truth, but is confined to his room by Prince Shuo, and Pianpian in a fit of rage exposes the secret to the Princess.
These scenes are arranged in the following order in the novel of Plum Blossom Scar: (1) baby girl switched at birth with baby boy; (2) heroic young man; (3) beauty saved by hero and young man finding beautiful singer as companion; (4) death of adoptive parent from villain's assault and abandoned girl seeking shelter in deserted temple; (5) young man lending hand in burying abandoned girl's adoptive parent and settling her in yard house; (6) token of love, married without parents' consent and scar first seen; (7) married as ordered by Emperor but without consummating marriage many days; (8) consort meeting abandoned girl in yard house and resemblance to consort noticed; (9) abandoned girl entering Prince's house to attend to consort; (10) Princess discovering affair and torturing abandoned girl; (11) admitted as concubine; (12) pleading to the Emperor; (13) consort first seeing scar; (14) consort asking abandoned girl about her past and pledging to protect her daughter; (15) Taoist exorcising spirit; (16) return of abandoned girl; and (17) secret exposed.
The novel of Plum Blossom Scar differs from the script of Plum Blossom Scar in the arrangements of scenes as follows: Before getting married with Yinshuang without parent's consent, Haozhen has known his marriage with Lanxin ordered by the Emperor. His feelings for Yinshuang make him avoid consummating marriage with Lanxin, and he has to tell Xueru her feelings for Yinshuang. Xueru agrees to meet Yinshuang in the yard house. At first, she hopes to persuade Yinshuang to leave Haozhen, but is moved by Yinshuang's perseverance, and thus accepts a suggestion from Xiaokouzi to take Yinshuang into the House of Prince Shuo.
The slight differences in the arrangements of scenes between the novel and script of Plum Blossom Scar will not lead to any distinct differences in the logical inferences from the scenes between the novel and the script of Plum Blossom Scar. The plaintiff's script and novel of Plum Blossom Scar are based on the selection and treatment and the particular permutation and combination of particular material, and the complete developments of the plot form the entirety of the original works.
These scenes are arranged in the following order in the script of The Palace: (1) baby girl switched at birth with baby boy; (2) baby girl found and adopted; (3) heroic young man; (4) beauty saved by hero and young man finding beautiful singer as companion; (5) second son disclosing conflict and personal attendant implicated; (6) sad abandoned girl soothed by adoptive parent; (7) death of adoptive parent from villain's assault and abandoned girl seeking shelter in deserted temple; (8) young man lending hand in burying abandoned girl's parent and settling her in yard house; (9) token of love, married without parents' consent and birthmark first seen; (10) consort meeting abandoned girl in yard house and resemblance to consort noticed; (11) abandoned girl entering Prince's house to attend to consort; (12) married as ordered by Emperor but without consummating marriage many days; (13) Princess discovering affair and torturing abandoned girl; (14) admitted as concubine; (15) pleading to the Emperor; (16) Taoist exorcising spirit; (17) consort first seeing birthmark; (18) consort asking abandoned girl about her past and pledging to protect her daughter; (19) Princess seeking truce but misunderstood; (20) return of abandoned girl; and (21) secret exposed.
The overall arrangements of scenes and the logical inferences in the script of The Palace are basically identical with those in the plaintiff's novel and script of Plum Blossom Scar, and they differ only in the sequence of certain scenes: After getting married with Liancheng without parents' consent, Hengtai receives news on his marriage with Xingdai as ordered by the Emperor, and tells Yingyue about his feelings for Liancheng, and Yingyue agrees to meet Liancheng in the yard house, in the hope of persuading Liancheng to leave Hengtai, but Liancheng declines; on the wedding day, Hengtai learns that Liancheng is in danger, and rushes to save Liancheng, delaying his wedding with Xingdai, as a result of which Yingyue arranges for Liancheng to enter the House of Prince Shuo for the safety of the House of Prince Shuo after considering the affection between Hengtai and Liancheng. Such changes in the sequence of scenes will not cause any substantive change in the logical inferences from such scenes. The arrangements of scenes and logical inferences from scenes in the work of the defendants are highly similar to the those in the works of the plaintiff, and in consideration of the similar selection and setting of particular scenes, the work of the defendants is, as a whole, similar to the works of the plaintiff, and leads to appreciation similar to that of the works of the plaintiff. In the evidence submitted by the defendants, there is no other work containing arrangements of scenes and logical inferences from scenes similar to those in the script and novel of Plum Blossom Scar or the script of The Palace to negate the originality of the works of the plaintiff or prove any other sources for the creation of the works of the plaintiff.
In addition, the unusual similarity in the designing of details in the works should also be weighed in the comparison of works. For example, both the plaintiff's works and the work of the defendants mention that the consort has given birth to three girls in a row, but neither of them contains any subsequent developments on the fate of these three girls.
In copyright infringement cases, a viewer's similar perception and appreciation of a preexisting work and a later work is also an important factor to be considered in the determination of copyright infringement. In a survey on similarity in viewing experience among the relevant viewers, the vast majority of them agree that the plot of The Palace is copied from the plaintiff's works, Plum Blossom Scar. It may be inferred that a high similarity in viewing experience has arisen as relatively commonly recognized by the viewers.
To sum up, it may be determined that the alleged scenes in the script of The Palace originate in the plot of the plaintiff's script and novel of Plum Blossom Scar, and are adaptations of the script and novel of Plum Blossom Scar.
5. Whether the television series of The Place has infringed upon the cinematographic rights in the script and novel of Plum Blossom Scar
In this case, defendant Hunan eTV argues that even if the script of The Palace is an adaptation of the novel and script of Plum Blossom Scar, its shooting of the television series of The Palace based on the script of The Palace is not infringement upon the cinematographic rights in the script and novel of Plum Blossom Scar.
In the opinion of this Court, the script of a television series is a form of literature expressing the content of a future play in words, is also known as “television literature version,” and is the literary basis for the creation of television art (including television plays). The reason for the creation and the purpose of a script are the shooting of television plays. For such particular purpose of creation, a script of a television play differs from a novel in the way of expression. The expression and structure of a script of a television play are required to be concise and capable of causing a strong visual imagination. A script of a television play provides the directing, shooting, recording, art, and other production units with the initial audio-video imagination. A fine script of a television play can make a person feel as if he is viewing sets of motional pictures, and arouse the rich imagination and passion for creation in the performers. Therefore, from the perspective of creating a cinematographic work, the transit from a script to a television play is a process of converting words into audio-video recordings, and the two core creative activities to realize the transit are the creation (including adaptation) of a script and cinematographic production.
There is a very close concomitant relationship between cinematographic adaptation and reproduction, and the purposes of the exercise of the right of adaptation and cinematographic rights are substantially related and identical, all pointing to the right to reproduce a work in the form of cinematographic works and the right to authorize the cinematographic adaptation and reproduction of works with compensation. In the creation of cinematographic works, producers usually require playwrights to directly participate in the amendment of a script to make the expression of the script better meet the shooting requirements, and playwrights usually need to make multiple adjustments to the content of a script as required by producers. This shows that there is conscientious and positive communication between playwrights and producers.
An adaption of another person's work without permission is infringing to the author of the original work, but the adaptation itself is a product of creative activity in which the adaptor enjoys copyright, but when exercising his copyright, the adaptor should not infringe upon copyright in the original work. Such an adaptor only enjoys copyright in the adaptation in a passive sense, i.e. he has the right to prevent others from unauthorized use of his adaptation, rather than in a positive sense, i.e. he should not use or authorize others to use the adaptation. A derivative work created based on a preexisting work comprises the intellectual creations of both the author of the original work and the author of the derivative work, and any use of the adaptation involves the concurrent use of the original work. Therefore, the exercise of copyright in an adaptation or any use of an adaptation requires the consent of the adaptor and the copyright owner of the original work, unless otherwise specified by the law; otherwise, there is copyright infringement not only upon the adaption but also upon the original work.
In this case, considering that the television series of The Palace is produced based on the script of The Palace and they are basically identical in content, the cinematographic activities are subject to the cinematographic rights of the plaintiff, Chen Zhe, and the unauthorized shooting of The Palace is infringement upon the cinematographic rights of the plaintiff, Chen Zhe.
6. Determination of infringers of right of adaptation and cinematographic rights and liabilities for infringement
(1) Determination of infringers of adaptation right and liability for infringement
It is understood that borrowing ideas is almost inevitable in the creation of literary works, but borrowing ideas should be reasonably limited. Where a particular work is widely disseminated and takes root in the heart of people, it is even possible that other authors subconsciously use any original content of that particular work in their creations because the profound impression left in their mind by that particular work; however, under the circumstances, such other authors should still be held liable for their negligence. That is to say, under the circumstances, the acts of such other authors are still copyright infringement. Generally speaking, the fault liability doctrine is applied to infringement upon intellectual property rights, and for the finding of fault, the actor must know or should have known his infringement. That is to day, where an actor should have known but does not know in fact his infringement, he is still at fault. This means that the intent of an infringer is considered by a court. For example, in the awarding of damages, the mental state of an infringer should be considered. If the infringer has a higher degree of fault, the amount of damages should increase; otherwise, the amount should decrease appropriately. It should be particularly clarified that when an infringement is committed and the damage caused by the infringement expands, a cease-and-desist order and the timely prevention of expansion of the damaging results of infringement should be the primary remedies for copyright owners. Such remedies are adopted directly against the existing infringement and results of infringement, to prevent the expansion of damage suffered by copyright owners from the infringement, and for the better protection of the interests of copyright owners.
As defined in paragraph 1(14), Article 10 of the Copyright Law of the People's Republic of China, the right of adaptation means the right to modify a work for the purpose of creating a new work with originality. Article 12 of the Copyright Law of the People's Republic of China provides that where a work is created by adaptation, translation, annotation, or compilation of any pre-existing works, the adaptor, translator, annotator, or compiler should own the copyright in the work so created, but when exercising such copyright, should not infringe upon the copyright in the original work.
In this case, the plaintiff, Chen Zhe, is the author and copyright owner of the script and novel of Plum Blossom Scar, and enjoys the right of adaptation of the work, as protected by the law. Defendant Yu Zheng, had access to the content of the plaintiff's script and novel of Plum Blossom Scar, and made adaptation by substantially using the arrangement and relationships of characters, scenes with relatively strong originality, and connection of scenes in the plaintiff's script and novel of Plum Blossom Scar, forming a new work, the script of The Palace. The defendant made an adaptation of the plaintiffs' works beyond the limit for reasonable borrowing, thus infringing upon the plaintiff's right of adaptation of her script and novel of Plum Blossom Scar, and should be held liable for the infringement.
As found by this Court, the producers of the television series of The Palace were responsible for the examination and confirmation of the script of The Palace, as well as the project initiation and submission for approval, among others, of the script. The defendants, Hunan eTv, Dongyang Huanyu, Wanda, and Dongyang Xingrui, as the producers of the television series of The Palace, were deeply involved in the creation of the script of The Palace. The wide distribution of the plaintiff's novel of Plum Blossom Scar and its market influence and popularity and the wide distribution and dissemination of the television series of Plum Blossom Scar based on the plaintiff's script of Plum Blossom Scar and its relatively high popularity in the general public had made the defendants, Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui, know the content of the plaintiff's script and novel of Plum Blossom Scar. When these defendants participated in the creation of the script of The Palace, they had a full understanding of the entire script, were capable of making a clear judgment on the fact that the script was an adaptation by using the plaintiff's script and novel of Plum Blossom Scar, and knew that the shooting of a television series based on the script would infringe upon the copyright of the plaintiff. Based on the facts of the wide distribution of the plaintiff's novel of Plum Blossom Scar and its market influence and popularity and the wide distribution and dissemination of the television series of Plum Blossom Scar based on the plaintiff's script of Plum Blossom Scar and its relatively high popularity in the general public and considering the industry experience and required degree of care on the part of the Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui, as the producers of a television series using the script, they failed to perform their duty of care, with the possibility of knowing the content of the plaintiff's script and novel of Plum Blossom Scar not ruled out. Therefore, the five defendants are jointly at fault, because they knew or should have known that the script of The Palace infringed upon the copyright of another person during the creation of the script of The Palace.
Paragraph 1, Article 9 of the Tort Law of the People's Republic of China provides that one who abets or assists another person in committing a tort should be held liable jointly and severally with the tortfeasor. In this case, the defendants, Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui, provided assistance for defendant Yu Zheng's infringement upon the plaintiff's right of adaptation of her script and novel of Plum Blossom Scar. Therefore, this Court determines that the five defendants jointly infringed upon the plaintiff's right of adaptation of her script and novel of Plum Blossom Scar, and should be held liable jointly and severally.
(2) Determination of infringers of cinematographic rights and liability for infringement
As defined in paragraph 1(13), Article 10 of the Copyright Law of the People's Republic of China, the cinematographic right means the right to fix a work on a carrier by cinematography or in a method similar to cinematography.
In this case, the plaintiff is the copyright owner of the script and novel of Plum Blossom Scar, and enjoys cinematographic rights in such works. Any other person who shoots a television series based on any original content of the plaintiff's works should obtain an authorization from and pay compensation to the plaintiff; otherwise, will infringe upon the plaintiff's cinematographic rights in such works. The producers of the television series of The Palace are Hunan eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui, defendants in this case. Defendant Wanda submitted during the trial an Agreement on Joint Investment in the Shooting of a Television Series to prove that it was only an investor for any return on investment and did not participate in the production of the television series of The Palace, but this agreement is merely an internal agreement of the relevant parties, and cannot be invoked as a defense against a bona fide third party. Therefore, this Court determines that defendant Wanda and three other defendants, Hunan eTV, Dongyang Huanyu, and Dongyang Xingrui, are the producers of the television series of The Palace, jointly shot the television series of The Palace, and should be held liable jointly and severally for the infringement by the television series of The Palace upon the plaintiff's cinematographic rights in her works of Plum Blossom Scar.
Defendant Yu Zheng as the playwright of the television series of The Palace also acted as a producer, creator, and art director of the television series. Although Yu Zheng is not a producer within the meaning of the copyright law, when he knew or should have known that the script of The Palace infringed upon the plaintiff's copyright, he still authorized the cinematographic production of the television series of The Palace by the other defendants using his script, participated in the shooting of the series as a core creator, and provided significant assistance in the shooting process. Yu Zheng is a co-infringer, and should be held civilly liable for the infringement upon the cinematographic rights of the plaintiff.
To sum up, the five defendants in this case should be held liable jointly and severally for their joint infringement upon the plaintiff's right of adaptation and cinematographic rights in her works.
(3) Whether the five defendants should cease the distribution and dissemination of The Palace
According to the provision of Article 12 of the Copyright Law of the People's Republic of China, a work created by adaptation is a (derivative) work protected by the law within the meaning of copyright law, but when exercising the copyright in a derivative work, the author of the derivative work should not infringe upon the legal rights of the author of the original work. Therefore, as the copyright owner of a preexisting work, the control over copyright in the preexisting work exercised by plaintiff Chen Zhe extends to works derived from the preexisting work, including but not limited to the adaptation, reproduction, cinematography, and distribution of the derivative work.
In this case, without authorization from the plaintiff, the defendants created the script of The Palace by adaptation of the script and novel of Plum Blossom Scar and providing assistance for the creation, shot and distributed the television series of The Palace based on the script, and infringed upon the plaintiff's statutory right of adaptation and cinematographic rights in the script and novel of Plum Blossom Scar. It must be pointed out that a script or novel can be used in multiple ways, but cinematographic production is a way with the most significant market influence and the greatest commercial value. Therefore, the adaptation of a script or novel and cinematographic production based on the adaptation without authorization from the copyright owner will have a huge impact on the interests of the copyright owner.
Regarding whether the defendants should be ordered to cease infringement, i.e. cease the reproduction, distribution and dissemination of the television series of The Palace, this Court is of the opinion that the purposes of copyright law are to protect the copyright of an author of an literary, artistic, and scientific work and rights related to the copyright, encourage the creation and dissemination of works beneficial to the development of material and spiritual civilization, and promote the development and prosperity of social, cultural, and scientific undertakings. The realization of the rights of copyright owners and the social value of copyright depends on the innovation, use and dissemination of works, and copyright as an integral part of intellectual property rights is a unity in protecting the creation of works and stimulating the dissemination of works, without substantive conflicts between them.
Copyright as an exclusive right of the copyright owner to dispose of his work is similar to property right. When copyright is infringed upon, even if the infringer's fault is relatively minor, the copyright owner has the right to sue, requiring cessation of infringement. Cessation of infringement as a civil remedy can effectively protect the rights and interests of copyright owners by promptly stopping infringement and preventing expansion of damage caused by infringement. Copyright infringement causes substantive damage to the driving force of innovative works, and the strengthened protection of copyright can effectively protect the private interests of copyright owners, and more importantly, is consistent with the public interest.
In this case, the script and television series of The Palace of the defendants are the substantial adaptations of the plaintiff's whole novel and script of Plum Blossom Scar. In terms of creative expression, the characters, relationships among characters, major scenes, and connection of scenes as a whole are substantially from the works of the plaintiff as the main creative expression in the plaintiff's works. It may be determined that the plaintiff's works are used to a great degree in the works of the defendants. If the infringing distribution by the defendants without authorization from the plaintiff continues, the plaintiff will be deprived of her exclusive rights in her works, and it will substantially impede or diminish the chances of adaptation of the plaintiff's works and entry of such adaptations into the market, in violation of the principle of fairness.
As of the ending date of trial in court of this case, the public airing of the television series of The Palace had continued for more than eight months. The defendants have not submitted the contracts on playwriting and distribution as required by the court, but based on reasonable market prices and commercial transaction practices, it may be established that defendant Yu Zheng has received a large amount of compensation for playwriting and the other defendants, Hunan eTv, Dongyang Huanyu, and Dongyang Xingrui, have received a large amount of income from distribution. Therefore, ordering the cessation of reproduction, distribution, and dissemination of the television series of The Palace will not cause an imbalance of interests between the plaintiff and the defendants.
In the opinion of this Court, a right holder's lawful disposition should be respected as a generally rule, and only when his exercise of his right of disposition will cause excessive damage to the public interest and the legitimate interests of related parties may appropriate limitations be imposed to ensure the balancing between the stability in application of law and the appropriateness of the adjudicatory results. In view of the faults of the defendants in this case, the degree of infringement, the damaging results, and the impact on the society, it is appropriate to order the cessation of the reproduction, distribution and dissemination of the television series of The Palace.
(4) Whether defendant Yu Zheng should assume the liability of eliminating adverse effects and making an apology
Article 47(6) of the Copyright Law of the People's Republic of China provides that whoever exploits a work by exhibition, making cinematographic productions or a method similar to making cinematographic productions or by means such as adaptation, translation, or annotation without the authorization of the copyright owner shall assume the civil liability of ceasing infringement, eliminating adverse effects, making an apology and/or paying damages, depending on the circumstances. Therefore, the five defendants in this case should assume the civil liability of ceasing infringement, eliminating adverse effects, making an apology, and/or paying damages for their infringement upon the plaintiff's right of adaptation and cinematographic rights. Since the claim for making an apology is made only against defendant Yu Zheng, the plaintiff is deemed by this Court to have voluntarily given up such a civil claim against the other four defendants.
(5) Whether the five defendants should assume the liability of paying damages
Article 49 the Copyright Law of the People's Republic of China provides that the infringer of copyright or related rights should pay damages according to the actual losses incurred by the right holder; or if the actual losses are difficult to be calculated, damages may be paid according to the infringer's illegal income. The amount of damages should also include the reasonable expenses paid by the right holder on stopping the infringement.
Plaintiff Chen Zhe stated in her complaint and in court that when she became aware of the infringement by the defendants, she was writing a script for a television series titled The Legend of Plum Blossom Scar, an adaptation of her novel and script of Plum Blossom Scar, and had to stop the creation of the script because the defendants' infringement; and the infringement by the defendants had substantially impeded and affected her creation of the script of The Legend of Plum Blossom Scar. However, she has not provided any evidence on the actual losses incurred by her.
In this case, plaintiff Chen Zhe considers that the illegal income of the defendants should be used as the basis of calculation of the damages. During trial, she required the defendants to submit the contract on the playwriting of the television series of The Palace in order to determine the playwright's remuneration and the contract on the distribution of the television series of The Palace in order to determine the profits obtained by the defendants from the distribution of the television series. While obviously holding such contracts, the defendants refused to provide them on the excuse of trade secrets, and have not submitted any other defenses or sufficient and reasonable rebuttals to such claims of the plaintiff. Therefore, it is inferred by this Court that the standard of remuneration of playwright Yu Zheng and the distribution prices of the television series of The Palace as claimed by the plaintiff in court may be referred to.
The adaptation, cinematographic production, and distribution of a novel or script are important ways to realize the market value and commercial interests of a novel or script. Since its premiere on April 8, 2014, the television series of The Palace has completed its first and second rounds of broadcasting on Hunan Satellite TV and other satellite TV channels, and many on-line video websites have been authorized to disseminate it on information networks. According to data available publicly, the viewing rate and click-through rate of the series are high, and by referring to the reasonable market distribution prices of other well-received television series over the same period, this Court determines that the plaintiff's claim on damages calculated according to the illegal income of the defendants is reasonable and the amount of damages so determined can fully cover the losses suffered by the plaintiff from the infringement.
The claims of plaintiff Chen Zhe for compensation for economic losses and reasonable litigation expenses lack sufficient basis. This Court will determine the amount of compensation by the defendants for the plaintiff's economic losses and reasonable litigation expenses, after comprehensively considering the nature, type and influence of the works involved, the infringing use by the defendants, the period and extent of dissemination of the infringing work, the reasonable amount of profit obtained by each defendant, the lawyer's fees and notarization fees paid by the plaintiff for this case, and other factors.
This case involves a tort, and is an action for payment. The claims should be made regarding whether the defendants are civilly liable and the specific types of civil liability, and the nature of infringement should be found and determined in the trial of such cases. Therefore, the claims of the plaintiff for determination of infringement by the five defendants upon her right of adaptation and cinematographic rights have been clarified in this judgment but will not be included in the decision part of this judgment.
JUDGMENT 
In conclusion, in accordance with paragraph 1(13) and (14) of Article 10, paragraph 4 of Article 11, Article 12 of Article 47(6), and paragraph 1 of Article 49 of the Copyright Law of the People's Republic of China, paragraph 1 of Article 9 of the Tort Law of the People's Republic of China, paragraph 1 of Article 7 and Article 9 of the Interpretation of the Supreme People's Court on Issues concerning the Application of Law in Hearing Civil Cases Involving Copyright Disputes, and Article 17(2) and (3) and Article 75 of the Provisions of the Supreme People's Court on Evidence in Civil Procedures, this Court holds that:
1.The defendants, Human eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui should immediately cease the reproduction, distribution and dissemination of the television series of The Palace from the effective date of this judgment;
2.Defendant Yu Zheng should publish a statement of apology in the conspicuous positions of sina.com.cn, sohu.com, letv.com and ifeng.com within ten days from the effective date of this judgment to make a public apology to plaintiff Chen Zhe and eliminate adverse effects (The content of the statement of apology must be submitted to this Court for review within five days after this judgment takes effect, and if the defendant fails to do so, this Court will publish the main content of this judgment on Legal Daily newspaper, and the necessary expenses should be paid by defendant Yu Zheng).
3.The defendants, Yu Zheng, Human eTV, Dongyang Huanyu, Wanda, and Dongyang Xingrui should jointly and severally compensate the plaintiff for economic losses and reasonable litigation expenses in a total amount of 5 million yuan within ten days from the effective date of this judgment.
4.The other claims of plaintiff Chen Zhe should be rejected.
If the pecuniary payment obligation is not performed during the period determined in this judgment, the interest on the debt should be doubled during the period of deferred performance in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.
Of the court costs of 143,365 yuan, the plaintiff should assume 43,365 yuan (prepaid), and the defendants should jointly assume 100,000 yuan (to be paid within seven days after this judgment takes effect).
Against this judgment, Chen Zhe may, within 30 days from the date of service of this judgment, and Yu Zheng, Human eTV, Dongyang Huanyu, Wanda, or Dongyang Xingrui may, within 15 days from the date of service of this judgment, appeal to the Higher People's Court of Beijing by submitting a written appeal to this Court, along with copies made according to the number of the opposing parties.
Presiding Judge: Song Yushui
Acting Judge: Feng Gang
Acting Judge: Zhang Lingling
December 25, 2014
Clerk: Cheng Yan