Scripted Murder Game Infringement Shakes Industry – 5x Damages Send Tough Deterrence Signal
In recent years, as a representative of interactive social entertainment, scripted murder games have surged in popularity among young people with their strong immersion and social interaction, forming a 10-billion-yuan market scale.
However, behind the industry's prosperity, problems such as unauthorized reproduction, sales and online dissemination of pirated scripts have become prominent, hindering the industry's healthy development. Recently, the People's Court of Chaoyang District, Beijing concluded a typical copyright infringement case.
Two defendants – a Beijing technology company and a Xiamen cultural communication company – were found guilty of copyright infringement for commercially distributing the well-known scripted murder game Everything About Beiyuan Chiy night online and offline without permission. The court applied 5x punitive damages, ordering them to compensate the plaintiff, a Jiaxing cultural media company, for economic losses and reasonable expenses totaling over 360,000 yuan. The judgment was upheld by the second instance and officially took effect.
Case Focus: Right Ownership and Infringing Intent
The involved script Everything About Beiyuan Chiy night was released by the plaintiff in late 2021 as a "city-exclusive" product, priced at 2,488 yuan per set, with high market recognition and commercial value.
In December 2022, the defendants promoted a "free application" campaign for the script through official WeChat accounts, industry groups and other channels, claiming they had obtained authorization. The plaintiff issued an infringement warning publicly the same day, but the defendants not only refused to stop but also released a statement accusing the plaintiff of "slander". They continued to distribute the script via their own apps, mini-programs and other platforms until they were forced to cease operations in 2024 due to platform shutdown.
During the trial, the court first confirmed the work type and right ownership:
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The textual content of scripted murder games that drives the plot and shapes characters is original and constitutes a literary work;
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Their cover designs, character illustrations and other artistic elements are classified as artistic works, all protected by copyright law;
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Regarding the defendants' defense of "having obtained authorization", the court pointed out that their work registration certificate was issued much later than the work's publication date, and they could not clarify the chain of right transfer – thus the so-called authorization was invalid.
Logic Behind the 5x Punitive Damages
The core highlight of this case lies in the application of punitive damages, which the court justified based on "subjective intent" and "severe circumstances":
Obvious infringing intent: As industry insiders, the defendants should have been aware of the script's market value and right source. However, after receiving multiple infringement notices, they not only failed to verify carefully but also continued to claim "legitimate authorization" and even filed a counter-suit for reputation infringement (later withdrawn), showing significant subjective malice.
Especially severe circumstances: The infringement covered multiple online and offline platforms, lasted for a long time, and affected hundreds of stores nationwide. Despite promising to stop infringement during the lawsuit, they continued the illegal acts – a typical case of severe circumstances.
Based on these findings, the court calculated the infringing profit base at 50,000 yuan, applied the maximum 5x punitive damages to determine 300,000 yuan in economic compensation, plus over 60,000 yuan in reasonable legal costs.
This judgment sends a clear judicial signal to the scripted murder game industry: Creative content constitutes works protected by copyright law, and any commercial use requires clear authorization. In particular, continuing infringement after repeated warnings from rights holders and attempting to pressure through litigation will not evade liability but may trigger punitive damages.
Through the application of high compensation and punitive clauses, the judgment effectively curbs the gray model of "pirated dissemination for low-cost profits", provides judicial support for creators' rights protection, and helps guide the market toward compliance and high-quality development.
