## Facts

- Zhang Xiaoyan wrote and held copyright in the television series *The Cavalry Troop on the Plateau*, produced as a 20-episode series in 2000, adapted from the novel *Snow Fields and River Source*.
- Lei Xianhe previously worked on Zhang’s series as an “honorary producer.”
- Lei later served as “first scriptwriter and producer,” and Zhao Qi as “second scriptwriter,” for the television series *The Last Cavalryman*, which Lei asserted was adapted from a different novel, *The Endless Horizon*.
- On July 1, 2009, Zhang purchased a DVD of *The Last Cavalryman* distributed by Shandong Aishuren Audio-Video & Book Co., Ltd.
- Zhang alleged *The Last Cavalryman* was identical or similar to her work in main character relationships, storyline, and other aspects.
- Both works used a shared historical setting: the mid-1980s reduction of Chinese cavalry forces.

## Issues

1. Whether the accused series was substantially similar to the plaintiff’s work in protectable expression (e.g., specific plot arrangements, character depiction, and structure).
2. How to distinguish unprotectable historical themes, social backgrounds, and basic story premises from protectable original expression in television works.
3. Whether the defendant’s prior participation in the plaintiff’s production (access) materially changes the infringement analysis absent substantial similarity in protectable expression.

## Decision

- The Supreme People’s Court denied retrial and upheld the effective judgments dismissing Zhang’s claims.
- The court found no copyright infringement by Lei, Zhao, or the distributor.
- Similarities attributable to a common historical background and general story elements did not establish substantial similarity in protectable expression.

## Legal Principles

- Copyright in audiovisual works protects original expression, not historical facts, social background, or general story premises.
- Substantial similarity must be assessed by comparing protectable expression (specific plot development, detailed character portrayal, narrative arrangement), not generalized character types or broad relationship patterns common to a genre or historical subject matter.
- Access or opportunity to copy does not establish infringement without substantial similarity in protectable expression.
- Similarities may be discounted where they are reasonably explained by public-domain historical material and independent source works (including distinct underlying novels).

## Conclusion

The court held that, despite shared historical setting and some general resemblances, the accused series did not appropriate protectable expression from the plaintiff’s television work; independent source material and differences in detailed plot and character development defeated an inference of copying even where access existed.


Zhang Xiaoyan v. Lei Xianhe, Zhao Qi & Shandong Aishuren Audio-Video & Book Co., Ltd., Guiding Case No. 81 (Sup. People’s Ct. 2017)