Subway station advertisement disorderly use "Gourd Baby" Shanghai Mei Ying Factory claim 804,000 yuan

Absrtact: Because the classic animated image is used by the electric operator for the subway station advertisement, the copyright person of the Gourd doll modelling the Shanghai Mei Ying Factory will advertise the Shentong the high company and the advertisement main Suningyun company to sue the court, the claim 804,000 yuan. Recently, the Huangpu District Court

Because of the classic animated image "Gourd Baby" by the electric operator for the subway station ads, "Gourd doll" shape of the copyright people in Shanghai, the United States film Factory will be advertising publishers Shentong de Gao and the main advertising Suningyun company sued the court, claim 804,000 yuan.

Recently, the Huangpu District Court of the case to make a first-instance judgment, that the relevant ads constitute infringement, involving two companies should immediately stop the infringement, and compensation for the Shanghai Mei Film Factory economic loss of 100,000 yuan.

Shanghai Mei Ying Factory claims 804,000 yuan

Shanghai Mei Ying factory in the complaint said that the factory has animated "gourd Brothers" in the "Gourd Doll" image of the art works copyright. This March, the city part of the subway station in the light boxes and columns appeared on a shopping site outdoor advertising, the advertisement in addition to express the content of Low-cost promotional activities, but also used the "gourd Baby" cartoon image.

Shanghai Mei Ying Factory believes that the advertisement of the publisher Shentong and advertisers Suningyun companies, without permission to use the "Gourd Doll" image of art works, constitute a joint infringement, to their own caused a huge loss.

In the 100 site of the advertising evidence preservation, the Shanghai United States film Factory to the court, request the decree two companies apology, stop infringement, and claim economic losses and reasonable expenses amounted to 804,000 yuan.

The defendant said the image was designed by himself.

In the trial, the company denied the advertisement of the child image and "gourd Baby" image of the same, and argued that the content of the ads involved in the Suningyun company provided, Shen-Gao company as an advertising publisher without audit, so no liability for infringement.

and Suningyun Business Company in the trial of "gourd Baby" copyright ownership, that the United States film Factory does not enjoy the "gourd Baby" image of the copyright, and said the ads in the child image is the company's own design, does not constitute a tort.

Court in the case of the ads involved in the advertisement cartoon characters and "Gourd Baby" role modeling, the difference between the two mainly in eyebrows, size, eyes, mouth and so on. Suning Company stressed that the advertising of the characters in the creation of the idea is to match the product promotional advertising content, more show helplessness and injustice, and "gourd baby" traditional positive and resolute image is not the same.

The court found that the overall image was basically the same

After the court heard that, according to the determination of the effective judgment, Shanghai Mei Ying Factory is "gourd Baby" role modelling art works of copyright owners, and its enjoyment of the relevant copyright is legally protected by law. According to the results, the cartoon characters in the cases involved in some details and the "Gourd Doll" role modeling has a difference, but in the overall image and "Gourd Doll" is basically the same.

At the same time, Suningyun company said the cartoon characters involved in the design, but failed to provide any creative manuscript, original proof, so can be found in the ads involved in the cartoon characters of the overall image of the "Gourd Doll" role model.

Accordingly, the Court found that: Suningyun Business without permission, using the image of "gourd Doll" without authorization, violates the right of reproduction and distribution of the art works of Shanghai Mei-Ying factory, and should bear the civil liability of stopping infringement and compensating economic loss according to law. Shentong Company has not fulfilled the corresponding duty of care, has subjective fault, should bear the cessation of infringement, Legal liability for compensation for economic losses.

The court comprehensively considers the popularity of "Gourd Doll" and the nature, time, plot, consequence and subjective fault degree of the tort, and finally determines the amount of compensation as appropriate.