Gao Pingfeng has come to the company many times to seek explanation?
How come she doesn't know about this?
Qin Hanlin whispered: "The company probably thought that this old man was a philanderer, so he kicked him out directly. There is no need to inform you."
Fang Wenfei nodded.
The lawyer said: "Defendant's attorney, do you have anything to say about the plaintiff's supplement?"
Qin Hanlin stood up and said: "Presiding judge, I only want to say two points."
"First, what the plaintiff said about Ms. Fang Wenfei's theft process is completely conjecture without any evidence."
"Second, the plaintiff said that he had approached Mingyu Company many times to ask for an explanation, but since "Eternal Life" was created by the plaintiff, why didn't the plaintiff register the copyright as soon as the creation was completed?
This way copyright disputes can be avoided.”
"Just now, the plaintiff's attorney said that the plaintiff has composed many songs and is a senior practitioner. He doesn't even know this."
"I've finished adding it."
The lawyer asked: "Plaintiff, why didn't you register the copyright as soon as the creation was completed?"
Meng Liqun said: "President, the plaintiff is an elderly person. He has been retired for more than ten years and is basically out of touch with society. Music copyright registration is a legal requirement that has only been improved in recent years, so the plaintiff does not know that there is music copyright registration.
.
But just because the plaintiff didn’t know about it and didn’t register it, it doesn’t mean he can steal other people’s hard work and make it his own.”
The lawyer said: "The law only talks about evidence. The defendant has the copyright registration of "Eternal Life". The law only recognizes the defendant as the author, unless you have reliable evidence to prove that you are the creator of "Eternal Life"."
Meng Liqun said: "Presiding judge, we have evidence. The plaintiff, Mr. Gao Pingfeng, conceived "Eternal Life" for decades, and has detailed original manuscript records. This is the most powerful evidence."
As he spoke, he took out a stack of yellowed and old manuscript paper from under the table, filled with music scores and messy handwriting, and handed it to the legal officer.
Upon seeing this, Qin Hanlin said: "Presiding judge, we also have evidence to submit."
The lawyer said: "Bring it up."
Qin Hanlin took out two documents with official seals from his bag, handed them to the lawyer and said: "Presiding judge, the first document is a certificate issued by the official song copyright registration, proving that the copyright of "Eternal Life" belongs to my client, Ms. Fang Wenfei.
.”
"The second document is a professional explanation issued by Zhongping Conservatory of Music, stating that creative records cannot be used as evidence of originality, because people who know music can deduct the score based on the song, and then through reverse analysis, plus some of their own understanding
With the details of the music, you can make a creative record that is similar to the original."
"Zhongping Conservatory of Music is a very professional music institution, so this professional description is accurate and authoritative. Please refer to it by the presiding judge."
Fang Wenfei's eyes lit up and she couldn't help but secretly praise: "Well done!"
She originally wanted to remind Qin Hanlin that his creative records could be forged, but she was worried that Qin Hanlin didn't understand music, but she didn't expect that Qin Hanlin had already prepared it.
With these two pieces of evidence, this old guy who wants to try to make trouble is sure to lose.
The lawyer carefully read the evidence submitted by the lawyers of both sides, discussed it with his assistant, and then said to Gao Pingfeng and Meng Liqun: "The evidence submitted by the plaintiff and defendant is legal, authoritative and professional, so the creative work you submitted is
The manuscript does not prove that the plaintiff is definitely the author of "Eternal Life"."
Meng Liqun said calmly: "Presiding judge, I have a way to prove that the manuscript created by my client is the original evidence of "Eternal Life"."
The lawyer asked: "What can we do?"
Meng Liqun said: "I checked and found that the first time the defendant, Ms. Fang Wenfei, sang "Eternal Life" was at the Nanjiang University anniversary party, which was November 16 last year, and the copyright registration date was November 17 last year.
"
"Before this, "Eternal Life" had not been sung by anyone anywhere, and there was no record of its creation."
"So, as long as my client's creative manuscript is identified as being written earlier than November 16 last year, doesn't it prove that the creative manuscript is authentic?"
The lawyer thought for a while, nodded and said: "Yes, but proving the writing time of the manuscript requires professional appraisal. There are currently no relevant professionals in the law court, so we can only invite them to be reviewed at a later date."
Meng Liqun smiled slightly: "Presiding Judge, my client and I have expected that the defendant will question the evidence we submitted, so we invited an expert expert in advance and is waiting outside the court. Can you invite him in?"
Fang Wenfei and Qin Hanlin's expressions changed.
Unexpectedly, the plaintiff even invited appraisal experts.
This is coming prepared.
Qin Hanlin immediately stood up and protested: "President, I object to the defendant's approach. Appraisal of evidence requires qualified professionals recognized by the legal court, and cannot be done by experts randomly invited by the defendant."
The lawyer nodded and said: "Yes, the defendant and the professionals who appraise the evidence cannot be found by you privately. They must be approved by the legal court."
Meng Liqun seemed confident: "Presiding judge, the expert we invited is Professor Lin Peng from the Department of Archeology of Zhongping University."
"Professor Lin Peng is the vice president of the Municipal Cultural Relics Association and a national second-level cultural relics appraiser. He is not only good at appraising cultural relics such as calligraphy and painting manuscripts, but he is also an expert in handwriting appraisal at the Municipal Forensic Appraisal Institute."
"Should the Law School recognize the qualifications of such professionals?"
When the lawyer heard this, his expression changed, and after discussing with his assistant for a few words, he said: "Originally, the professional lawyers you invited alone are not recognized by the Law School, but I know that Professor Lin Peng has provided authoritative appraisals for many cases, and indeed there are
If you are qualified, please invite him over."
Qin Hanlin's face was gloomy, he said nothing and slowly sat down.
The lawyer said this, and he could no longer object.
"Thank you, Judge."
Meng Liqun said, quickly leaving the law court.
After a while, he brought a middle-aged man in his fifties with a calm demeanor to the law court.
"Presiding Judge, ladies and gentlemen, this is Professor Lin Peng."
Meng Liqun introduced the middle-aged man to everyone.
"Presiding judge, hello leaders.
Lin Peng said hello, then took out his ID card, work permit, cultural relics appraiser, handwriting appraisal expert and other documents and handed them to the lawyer.
The legal officer checked them one by one, and after confirming that there were no problems, handed over Gao Pingfeng's creative manuscript and said: "Professor Lin, please identify the writing time of this creative manuscript."
"OK."
Lin Peng took the manuscript and looked at it carefully page by page.
About twenty minutes later, Lin Peng finished reading and said: "Presiding judge, after my appraisal, this manuscript has been in existence for at least forty years. There is no trace of age. The ink on the front is dark black and goes deep into the paper. The writing time and
The manuscripts are of the same date, and the ink marks were constantly updated later, which should be due to continuous writing over decades. Judging from the ink marks, the last writing time should be four months ago."