THE widow of well-known Chinese author Qian Zhongshu registered what her lawyer called a “temporary victory” Monday in her fight to prevent Qian’s private letters from being sold at auction.
Sungari International Auction in Beijing intends to put letters written by Qian under the hammer June 21 as part of its spring collection.
However, the writer’s 102-year-old widow, Yang Jiang, opposes the sale, saying the letters reveal extensive details about her husband’s life and literary views. She has attempted to stop the auction by launching legal action, accusing Sungari of copyright infringement.
Under China’s copyright laws, letters can be classified as works, and while Yang does not own the letters — they belong to Li Guoqiang, a longtime friend of the author in Hong Kong — she has the publishing rights for Qian’s collected works.
Yang claimed an early win Monday when Beijing No. 2 Intermediate People’s Court issued a ban order to protect Qian’s copyright. The order means the auction house cannot display the letters or reveal any of the information contained within their pages ahead of the sale.
As part of the conditions, the widow’s attorney, Wang Xiaohui, also must file an injunction against Sungari within 15 days.
“It’s a temporary victory,” said Wang, of Dacheng Law Firm. “Letters, as a channel for people to communicate thoughts and emotions, should be protected in line with copyright laws, and the copyright should also belong to the writer.
“(Sungari) didn’t check the qualification of the works and didn’t get permission from the writer’s estate, which is against auction rules,” Wang continued.
Wang expressed her happiness with the decision and said she will now focus on the privacy issue for future legal action.
The China Association of Auctioneers, which is keeping an eye on the case, suggested May 30 that Yang and Sungari enter into negotiations to resolve the dispute.
The Chinese Auction Law has no clear article about the auction of such works, “but this case is individual and should be handled based on Yang’s feelings,” said Ou Shuying, deputy secretary general of the association. (SD-Agencies)
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