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Publisher, Illustrator Locked in Lawsuit

A best selling book is at the center of a legal row in Shanghai.

The author of the million-plus seller Fantasy City, Guo Jingming, a 21-year-old, took the stand in a lawsuit between the publishing house Chunfeng Arts Press and his former school friend, surnamed Yang.

It is alleged the book contains 13 illustrations by Yang for which she claims she has not been properly paid.

Yang's lawyer, Ma Yuanchao, told the court the publisher had acted illegally.

"Chunfeng Arts Press has included 13 drawings in the book from Yang without authorization, therefore violated her copyright," Ma told the Shanghai No 1 Intermediate People's Court yesterday.

Guo claimed he had paid his school friend an earlier agreed 80 yuan (US$9.6) for each illustration.

"I asked Yang to outline the illustrations for my novel under a request from the publishing house at the end of 2002, establishing a fee of 80 yuan (US$9.6) for each drawing adopted, and paid her the said amount after I got paid by the publishing house in March of 2003," said Guo.

He added: "But when she talked to me earlier this year, she requested remuneration for the reprintings."

The court heard more than 1 million copies of the book being sold out by the end of July.

"Yang's drawings have helped the readers understand the book better, and thus have contributed a lot to the successful sales of the book," said Ma.

"But the publishing house never paid Yang for the drawings," he added.

Yang is now demanding 100,000 yuan (US$12,000) in compensation, and a public apology. She is also demanding the publisher and bookstore stop selling and destroy all the books containing her drawings.

The publishing house argued it had outlined payment deals in the original contract signed by Guo and had honoured all royalties owed.

The court is now deciding its verdict.

(China Daily November 17, 2004)

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