NET game infringement case true Monkey King

Sue Blue Harbor online claim million art image is the scope of the portrait protection of the controversy Morning News (reporter Sean) TV series "Journey to the World" premiere nearly 30 years later, the play of the Monkey King Six young children (Zhang Jinlei) and production of online games "journey to the Westward" of the company to court, that the game company unauthorized use of its role as the Monkey King image, The claim is therefore 1 million yuan. Yesterday, the city of a Chinese court hearing the case. Earlier, the court of First Instance has made a decision on this case, after the court thought that Zhang Jinlei molded "Monkey King" image is not its own portrait, the defendant in the network game using the image of the Monkey King does not constitute the Zhang Jinlei of his portrait of the infringement, Zhang Jinlei also can not prove their reputation damage, so the decision dismissed Zhang Jinlei lawsuit request. Zhang Jinlei against the first trial verdict, to the city of a Chinese court appealed. In yesterday's second trial, Zhang Jinlei did not appear in person to attend the trial, but his lawyer read the appeal. Zhang Jinlei in the appeal, blue Port Online (Beijing) Technology Co., Ltd. in its launch of the Web game "journey to the World," the official website and games, the use of his TV series "Journey to the World," the image of the Monkey King, and the game to the external sales, as a profit. Zhang Jinlei thinks he plays the Monkey King image to enjoy the performer right, portrait and trademark, and the Blue Harbor online wanton use of his image of the Monkey King, violated its portrait. Zhang Jinlei said that the blue port online "journey to the World" game content vulgar, such as the Monkey King and Bones Love, its use of the Monkey King image will lead to the public will be linked to the game, mistakenly think it is in the game endorsement, resulting in its social evaluation of lower. Therefore, Zhang Jinlei requested the Court decree Blue Port online stop using its image of the Monkey King, public apology, and compensation for the loss of 1 million yuan. In this respect, the game company argues: "The Monkey King shaped by Zhang Jinlei is like a monkey, not himself." For example, it is known that Madward played pig, but he did not have a portrait of pig. "In the court, the Blue Harbor online agent believes that the role of the image is based on the needs of the plot, by the director, art, clothing, actors and other types of work together to complete." The role image has the substitution, the same role may have the different actor, but the realistic portrait, then has the uniqueness, the two are not the same. The agent believes that Zhang Jinlei is only the drama "Journey to the World," the Monkey King of the play, but he only has a reflection of his true face of the portrait, does not have the Sun Wukong's portrait. The judge said the controversy in the case focused on what rights the actor had in shaping his image and whether he could expand the interpretation of the portrait, incorporating artistic image into the protection of the portrait. Yesterday, the two sides of the appeal held several rounds of debate on the focus, but failed to contest a result. Before the end of the trial, the judge asked the parties whether they agreed to mediate, and both said they needed to go back for their opinions. The city's first Chinese court did not make a verdict on the case yesterday.