Cat Garfield triggers copyright disputes
By Qin Chuan (China Daily)
Updated: 2004-08-28 00:59

Garfield, a world famous cartoon cat, has stirred up a copyright infringement dispute between a US company and three Chinese ones.

The Beijing Second Intermediate People's Court tried the case on Friday. It has been filed by the US company Paws Incorporated against Beijing Kewen Book Information Technology Co Ltd, Beijing Science and Culture Cambridge Co Ltd and Xiwang Publishing House, the latter based in North China's Shanxi Province.

The two Beijing companies are shareholders of Dangdang.com, a well-known Internet shop.

As the two sides still have to put forward more evidence, Friday's trial only heard the statement and argument of the two sides but did not give a verdict.

Tang Zhaozhi, the attorney for Paws Incorporated, holds that Xiwang Publishing House, without being empowered, published Garfield books and some of the books were sold through Dangdang.

The company requires that the two Beijing companies stop selling the books.

It also asks Xiwang Publishing House to stop publishing and selling the books, call back and destroy books on the market and in reserve, and make a public apology via the media.

In addition, the publishing house is asked for compensation of more than 770,000 yuan (US$93,000) and to pay the plaintiff's bill for filing the case.

Liu Zhijun, the publishing house's attorney, says the US company does not have the right to file a lawsuit because it is not actually the owner of the Garfield copyright.

He argues that another US company United Feature Syndicate is the registered owner of the copyright.

Although Paws showed a copyright transfer agreement saying the copyright had been transferred to Paws, Liu says the agreement was not valid because there is no signature from Paws on it.

Besides, the publishing house had signed an agreement with one of Paws' agents on publishing the books in China, the attorney says.

And the publishing house has already paid a copyright tax of 253,000 yuan (US$30,000) according to the agreement.

Ma Xiaogang, another attorney of the publishing house, questioned the intention of Paws.

He says the books were published early in 1999 and on sale for five years. During the five years, the publishing house was not questioned by anyone.

It is not clear why Paws filed such a lawsuit, he said.

Tang said after Paws discovered the books on the Chinese market they began to contact the publishing house.

The representative from the two Beijing companies, Zhao Siying, says the companies bought Garfield books from the publishing house after it did the necessary checks and found the books were published legally. Dangdang had already sold out the books.

Therefore, all the defendants asked the court to reject the appeal.

According to a court source, the number of copyright disputes has risen dramatically in recent years.

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