"What you want to arrest is Lu Xun, what does it have to do with me Zhou Shuren?!"

Qiu Ju fights the li jiajia version of the lawsuit

Wake up early in the morning and brush your phone bored. Saw someone put a micro-reading statement po out. Read it through and clap your hands in admiration: sure good means. A piece of A4 paper, lightly fluttering will split Li Ziqi and Li Jiajia! Awesome!

This classic bridge section immediately came to mind: Zhou Shuren snorted coldly at the "arrest warrant": "What do you want to arrest Lu Xun, what does it have to do with me Zhou Shuren?!" "Tore the other side's collapse: How do you prove that Lu Xun is a Zhou Shuren?!" Four or two thousand pounds, but that's it!

But common sense and previous education told me: Lu Xun is a Zhou Shuren. Common sense, pen names are subordinate to authors. Like the name, it is a personal appendage of the author. The author owns the copyright, proceeds, disposition, and liability of the pseudonym. If the pen name is not subordinate to the author, where does he get the copyright?! Lu Xun wants to collect copyright fees, and he also has to prove the relationship between Lu Xun and Zhou Shuren!?

This is fun: Lao She's real name is Shu Qingchun, Ba Jin's real name is Li Yaotang, and Jin Yong's real name is Zha Liangyong. These old gentlemen and their descendants want to maintain the copyright brought by the pen name, how to prove that Lao She is Shu Qingchun? Ba Jin is Li Yaotang? Jin Yong is Zha Liangyong? If the pen name does not belong to these old gentlemen, then can I register Ba Jin Soy Milk, Lao She Beef Noodles, Jin Yong Cellar Wine? It's ridiculous to think about.

As a veteran of advertising and marketing for more than 20 years. I think Li Jiajia has two problems to prove:

1. Is Li Ziqi a pen name or a brand?

2. Is the "cooperation" between Li Ziqi and Wei Nian authorized or "bought and sold"?

Two flowers bloom, one on each side.

Question 1: Is Li Ziqi a pen name or a brand?

According to the micro-statement, "... Cooperate with Ms. Li Jiajia to jointly incubate "Li Ziqi" IP and brand in the form of MCN Company...". Literally, "Li Ziqi" is an IP and brand, which belongs to Wei Nian and Li Jiajia. It is not Li Jiajia's pen name.

20 years of experience in the industry told me: an IP or brand, its ownership belongs to the earliest co-founders, if Wei Nian and Li Jiajia cooperation began, "Li Ziqi" began to be born, there is no doubt that "Li Ziqi" is a brand shared by both parties.

But isn't it?

If "Li Ziqi" (ip) is the signature that Li Jiajia already had when she began to create (before cooperating with Wei Nian), its attribute is undoubtedly a pen name. Essentially, it is an appendage of the author Li Jiajia, who has complete copyright, revenue, disposal and responsibility for the copyright of "Li Ziqi".

This copyright attribute attribution determination is not complicated, as long as Li Jiajia (or Li Ziqi) proves the work created before cooperating with Wei Nian, as well as its popularity, playback, dissemination, etc., and who the most important third party will give the proceeds to. Basically, it can be proved that Li Jiajia fully owns the copyright of Li Ziqi.

Reminiscent of the response of ByteDance's start to withdraw from Micro-Nian a while ago, "ByteDance initially invested in Micro-Thought, mainly because it was optimistic about Li Ziqi. Now that Li Ziqi and Wei Nian are at odds, ByteDance has decided to exit Wei Nian according to the investment agreement. From this text understanding: at least ByteDance believes that Li Ziqi is Li Jiajia's pen name.

In summary, I basically think that Li Ziqi's attributes are Li Jiajia's pen name, rather than the IP and brand shared by Wei Nian and Li Jiajia.

Question 2: Is the "cooperation" between Li Ziqi and Wei Nian "authorized" or "bought and sold"?

This depends on the details of the cooperation between the two sides. The properties of "Li Ziqi" are complicated.

In the first case, before "Li Ziqi" cooperated with Wei Nian, he was lonely and nameless, and Wei Nian participated in the creation and support, which obviously improved the gold content and income of "Li Ziqi's" works and so on. Then it is indeed the co-owner of the pseudonym "Li Ziqi" (or IP), and has the right equivalent to the contribution. But in the micro-thought statement " ... Never interfered with Ms. Li Jiajia's content creation..." In other words, Wei Nian has never participated in the creation of any work. "Co-creation" and "never participated" are fundamentally different in the attribution of copyright attributes. Non-participants do not own any copyright in the copyright of the work! There are only two ways to authorize and buy.

A hundred dense and one sparse, Liu Zong. This is a black and white acknowledgment that there is no right to copyright, and Wei Nian only uses the right within the scope of the authorization of the copyright owner Li Jiajia (or Li Ziqi). The act of opening an online store, registering a Li Ziqi trademark, etc., must obtain a clear and complete authorization from Li Jiajia! If you are vague and play the edge, it involves using it beyond the authorized authority. This is also infringement.

The extent of this authorization does depend on the written agreement between the two parties.

As for "......Wei Nian Company has worked hard in brand planning, IP operation and promotion, capital investment, product research and development, building supply chain and sales channels...". First of all, let's talk about "capital investment", Wei Nian only has the right to use Li Jiajia (or Li Ziqi) IP, not the right to dispose of it, and the fee paid to Li Ziqi and the manuscript fee given to Zha Liangyong by the publishing house are essentially not much different: it is only to obtain the permission of the copyright owner to use the fee. It is not that Wei Nian has the right to dispose of copyright. Unless, the cooperation is not "authorized" but "bought and sold".

That is, the second situation: at the beginning of the "cooperation", the two sides are "buying and selling": Li Jiajia owns the gold mine of "Li Ziqi" copyright, and Wei Nian wants to turn the gold mine into gold. Li Jiajia sold all or part of the copyright ownership of "Li Ziqi" to Wei Nian, and the ownership of copyright ownership was transferred. That nature Wei Nian has the right to dispose of the "Li Ziqi" IP copyright, whether it is to open a store, register or resell, etc., and so on, it is Wei Nian as the copyright owner to exercise the right normally. There is no half-cent relationship with Li Jiajia. She has "sold" because of the copyright ownership.

As for the above-mentioned "hard work", it is a necessary investment for "alchemy". It is not that because micro-thoughts have "hard work" and naturally translate into natural rights to copyright.

Reading through it, it is not clear whether "cooperation" is "authorized" or "bought and sold". Most likely, there should be no agreement, and there should be each understanding (or that one party dug a pit at the beginning of cooperation?). ）。 Leave it to the court.

Although the public opinion field now basically supports Li Jiajia, especially the attitude of several central-level media. But unfortunately, "saliva really can't drown people". In court, it is the facts proved by the lawyers of both sides with the chain of evidence, and in this regard, the professionalism and experience possessed by capital (micro-thought) have a clear advantage. Li Jiajia's chances of winning the "Qiu Ju lawsuit" are not great.

There is a small "confusion": is there no official seal for micro-reading?