Six young children sue for online games company infringement case second trial

987 edition of "Journey to the Sun" in the role of the Monkey King Zhang Jinlei (six young age children), (Sina Science and Technology map) Court: 87 edition "Monkey King" by Zhang Jinlei portrait Protection company does not constitute tort yesterday morning, the reporter learned from the city of a Chinese Academy, 1987 edition of "Journey to the Sun" in the role of the Monkey King Zhang Jinlei (six young age children) Prosecution of network game company infringement of the right to personal rights has a final judgment, the court dismissed the Zhang Jinlei appeal request. But the court in the verdict, for the first time to "portrait" of the extended interpretation, that Zhang Jinlei played "Monkey King" should be protected by Zhang Jinlei portrait. Online gaming company Rights Zhang Jinlei found that the blue Port on-line in its launch of the network game "Journey to the World" official website and games, using his 1987 edition of the TV series "Journey to the World" in the image of the Monkey King, and the game to sell, profit, that this violates their own portrait. Request the Court decree each other stop using their own shape of the Monkey King image, public apology, compensation for loss of 1 million yuan. After the first instance court heard 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 a violation of Zhang Jinlei's portrait, Zhang Jinlei also can not prove his 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. Final dismissal appeal yesterday, the city of a Chinese court in the case to make a final judgment, upheld the first instance of the verdict, dismissed the Zhang Jinlei appeal, upheld the first instance of the court's decision. However, for the Zhang Jinlei played by the image of the Sun Wukong as his portrait to protect the focus of the issue, the city of a Chinese court gave a different explanation. The city of a Chinese court that the law protects the portrait, because the portrait embodied in the spirit and property interests and personality inseparable. The "Monkey King" played by Zhang Jinlei has one by one correspondence with the individual, that is, the image and Zhang Jinlei are recognizable. In a relatively stable period, in a certain audience, the "Monkey King" can be seen to recognize the actor Zhang Jinlei, and the answer is unique. The image of online games does not constitute tort in addition, China's "tort liability law" of the legislative statement to fully express the rights of personality should be recognized in the interests of property, and should be the personality rights of the property interests to give adequate protection. In other words, when a role image, can reflect the actor's physical characteristics and with the actor has identifiable conditions, the image as a natural person to protect the portrait, is to prevent the infringement of the rights to carry out commercialization of the premise. In this case, the city of a Chinese court dismissed Zhang Jinlei appeal, is because the Blue Harbor Company's use of the "Monkey King" image, and Zhang Jinlei played by the "Monkey King" there is a certain difference, so the audience can immediately distinguish the Blue Harbor company used by the "Monkey King" is not Zhang Jinlei played "Monkey King", It is not possible to establish direct contact with Zhang Jinlei through this image. Thus does not constitute an infringement of Zhang Jinlei's portrait. Morning News reporter Sean