Viewpoint 1: The copyright belongs to Puren.
The main argument in support of Pu Ren's right of inheritance is that Pu Ren and Pu Yi are related by blood and have the priority of inheritance. Fu Mingde, an attorney of Tongxin Publishing House, said that copyright inheritance is part of property inheritance. As the second heir to his property, Puren died of the first heir, Li, and the book is still in the copyright protection period, so Puren should have the right to inherit the copyright of the book.
Viewpoint 2: Oppose "royal succession"
The main argument against the other party comes from the interpretation of inheritance and transfer in the Inheritance Law. Guo, a professor at the Law School of Renmin University of China, believes that after Puyi's death, her property has been transferred to the first heir, Li, and the order of successors after Li's death should also be transferred in her order. Zhang Junhao, a professor at China University of Political Science and Law, also believes that the scope of legal heirs stipulated in the Inheritance Law is very clear and closed, and there is no scope for other nephews, nephews and sister-in-law. Liu Chuntian, vice president of the Graduate School of the National People's Congress, denied the statement of "royal inheritance". He believes that "China has long since ended the feudal monarchy. Without an emperor, there would be no royal family. There is no question of royal succession. After the founding of New China, Puyi became a citizen of New China. He applies all the laws of New China and has no privilege. "
Viewpoint 3: State ownership
Li Chen of NPC Law School said, "If there is really no successor, I think it should be state-owned." . She believes that from the expression of copyright law, it only stipulates that property belongs to the state without inheritance. There is no more specific regulation on the works of natural persons, which leaves us room for interpretation, that is, it can be allowed to enter the public domain. In other words, anyone can publish it outside the contract period of cooperation with others.
court decision
The court held that the copyright of "My First Half Life" has been confirmed by the effective judgment of the court to belong to Puyi. As the wife and sole legal heir of Puyi, Li did not dispose of the property right of the book before her death, and there was no heir after her death. As for Pu Yi's niece, Ms. Jin Ailing, who claimed that the copyright of the book belongs to her, the court rejected it on the grounds that "Jin Ailing is not the heir of Li's estate" ... and there is no legal basis ". Since then, Jin Ailing has not appealed again.