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Nezha, accused of plagiarism, won the case, and 27 people were sentenced to the first APP infringement case
Author: Katei

On May 28th, Nezha was sued for violating the right of adaptation of Five-dimensional Memory, and the conclusion was reached.

The Beijing Intellectual Property Court held that the two did not constitute substantial similarity, and rejected all the claims of the plaintiff Zhongying Hua Teng (Beijing) Film and Television Culture Co., Ltd.

Nezha (hereinafter referred to as Nezha) is a 3D animated film with a mythical theme, which is produced by striped house movie and cocoa bean animation and directed by Jiaozi (Yu Yang). Producers include striped house movies, cocoa bean animation and October culture. The film was released in China on July 26th, 20 19, and the total box office exceeded 5 billion yuan, ranking second in the history of China movies.

China Film Hua Teng Company believes that the stage play Five-dimensional Memory constitutes a dramatic work or other works as stipulated by the copyright law, and Nezha is substantially similar to Five-dimensional Memory in terms of character setting, story plot and production elements, which infringes on the right of adaptation of its works.

Therefore, Yu Yang, Beijing Light Film Co., Ltd., Horgos Striped House Film Co., Ltd., Horgos Cocoa Animation Film Co., Ltd., Horgos October Culture Media Co., Ltd. and Beijing Striped House Technology Co., Ltd. were brought to court.

China Film Hua Teng asked the court to order:

In this regard, Nezha believes that:

After trial, Beijing Intellectual Property Court finally held that:

In this case, the "stage performance" in the film Nezha and the stage play Five-dimensional Memory belong to different forms of works.

When judging the similarity of different types of works at the copyright level, we should pay attention to:

Therefore, the similarity comparison of different works, including language, music, pictures, dance and other forms, should be based on the principle of externalism and the general feelings of the audience, and should not be limited by the creator's personalized understanding of the works. Similarity comparison in this case should follow the above rules.

Comparatively speaking, the plaintiff's ideas about character setting (including character image, character and character relationship), eight story lines and screen boundaries are not similar in essence.

To sum up, the Beijing Intellectual Property Court rejected all the plaintiff's claims in the first instance.

China Film Hua Teng said that she would continue to appeal and safeguard her legitimate rights and interests in accordance with the law.

The following are other contents of Sanwen Entertainment Weekly, which are divided into IP trends and industry events.

Intellectual property dynamics

The most popular domestic comic list for paying users.

In terms of Tencent animation, the ancient and passionate comic "Wulin Peak" topped the list, serializing 1205 words, with a score of 9.4, a cumulative popularity value of 6.28 billion, a collection of1.856 million, and a monthly ticket of 1.3 million this week.

There are three new works on the list this week, namely, The Strongest Anti-routine System, The Strongest Anti-routine System and Ten Thousand Slags Against Phoenix.

Among them, "Wanzha Chao Huang" is a cartoon featuring quick wear and revenge. It was created by Time Wang Man, serialized with 3 14 words, with a score of 9.8 points, with a cumulative popularity of 22.02 billion, a collection of 1.72 million, and a monthly ticket of 4543 this week.

Thousands of slag burned on the top.

This week, there are two new works on the list, namely, the fantasy counterattack comic "I am a girl" and the ancient love comic "Retreat! 》。

"I'm a girl"

In terms of comics, the fantasy comic book "My husband has a little more harem" produced by Boyi Animation topped the list. As of May 28th, the cartoon has been serialized with 140 words, with a score of 8.2. This month, 836 1 ticket was obtained, with a fan value of 227,000 and the number of interactions 1.6 million.

This week, there are four new faces on the list, which are God bless the people, the genre of ancient pure love, the mysterious craftsman and the genre of fantasy blood. I have nine female apprentices and the genre of female drama Aisha.

Among them, "God Bless the People" is an antique pure love cartoon produced by Bai Mengshe. At present, 53 words have been serialized (between classes), with 9.9 points. This month, the cumulative voting was 1.66 million, with 99,000 fans and 684,000 interactions.

Wish you all the heavenly blessings; Heavenly officials bestow blessings

In terms of enchanting comics, Soul Street continues to be the first in a row, with comics serialized to 34 1, with a cumulative popularity of 4.29 billion, a collection value of 4.405 million, and 2057 monthly tickets this week.

This week's new works are Lan Yi living as a girl, the anaerobic love of magical pure love, and the misuse of God in juvenile magic comics.

Among them, "Blue Wings" is a cartoon about life and love drawn by Lulu AKO, serialized to 435 words, with a cumulative popularity value of 740 million and a collection value of 3.254 million. This week's monthly ticket 172.

Click the list of domestic animation weeks.

In terms of domestic animation, the fantasy suspense 2D animation "Time Agent" produced by Bi Meng and produced by Lan topped the list. As of May 28th, 6 episodes have been serialized, with over 20,000 people scoring 9.8 points, the cumulative broadcast volume is 3,94010,000 times, and the number of fans is 2710.4 million. Besides, there are no new works this week.

In terms of Youku, Mini Hole topped the list in the second season. It is a funny and adventurous 2D simple animation, with 63 episodes serialized, and the popularity this week is 6383.

This week, there are two new works on the list, namely "Six Bright Moons in Qin Dynasty: Crossing the Sea" and "Pencil Animation".

Among them, Crossing the Sea in the Sixth Part of Qin Shimingyue is the sixth series of large-scale 3D animation Qin Shimingyue produced by Xuan Ji Science and Technology. At present, 25 episodes have been updated, and this week's popularity is 3802.

Tencent video, the fantasy 3D animation Douluo Continent produced by Xuan Ji Science and Technology topped the list. As of May 28th, it was updated to 157 episode, with a total broadcast volume of 29.5 billion times.

This week's new work is "The Supreme Emperor", a 3D animation of fantasy fighting jointly produced by Penguin Film and Ruohong Culture. Now it has been updated to 69 episodes, with a cumulative broadcast volume of 65.438+0.48 billion.

TapTap minor game hit playlist

There are three new games on the list this week:

College idol season: the stars shine

Billie Billie virtual anchor live ranking

In the weekly ranking of virtual anchor live broadcast, the anchor "What did Jia Ran eat today" topped the list. This is a virtual anchor of A-SOUL, a female virtual idol group under Lehua Entertainment, which mainly broadcasts dancing and gossip. At present, there are 348,000 fans in Bi Li, and the anchor score is 3 1.28 million.

Eight virtual anchors were added to the list this week, among which five virtual anchors were added, namely Yansi Yio, Shaliye _ Sera, Ke Angkang, Linyuan Baiye and Mian Zaizaizaiovo, all of which made their debut recently. The live broadcast also included games, singing, gossip and other common contents.

In addition, "Five Meters" is a personal virtual anchor, and the live content includes gossip, singing, Yue Opera and so on. At present, there are 399,000 fans in Bi Li, and the anchor score is 4,465,438+100,000.

sea

"Bai is a virtual anchor belonging to P-SP (project SP, a virtual anchor planning activity is going on). Live broadcast includes games, gossip and so on. At present, there are 570,000 fans in Bi Li, and the anchor points are 7128.5438+million.

"Snow Painting Yukie" is a virtual anchor belonging to VRP (MCN Virtual Reality Project jointly developed by Bi Li and Rainbow Association). The live content includes singing, games, gossip and so on. At present, there are 104000 fans in Mile Mile, and the anchor score is 19747000.

This week's animated movie box office

In terms of animated films, Detective Conan: Crimson Bullet has accumulated a box office of 2140,000 yuan, and Cat's Eye predicts that its total box office will be 2140,000 yuan.

This week, two animated films were released. Doraemon: Walk with Me 2 was released on May 28th, with a box office of 77 1 19000 yuan by the 30th. "Captain Saber-toothed Tiger and the Magic Diamond" was released on May 29th, and the box office was 990,000 on May 30th1/kloc-0.

In addition, according to the cat's eye movies, there are seven animated films to be released in June, namely Promare, Hello World, Peter Rabbit 2: Escape Plan, Finding Nemo: Journey to the Center of the Earth, Crazy Ugly Duckling 2: Reliable Hero, Soda Brothers and Three Little Pigs 3: Justice and Unity.

Among them, "Peter Rabbit 2: Escape Plan" was jointly produced by Sony Columbia Pictures and Sony Animation, and written and directed by Will Gluck. It was originally scheduled to be shown in domestic theaters in June 1 1.

One-week activities

1) Tencent increased its holdings of Feiyu Technology, holding 15.24%.

On May 27th, Feiyu Technology International Co., Ltd. (hereinafter referred to as Feiyu Technology) announced that Tencent had agreed to acquire 90 million common shares from several shareholders of the company through its wholly-owned subsidiary THL H Limited (the company's major shareholder), accounting for about 5.24% of the company's total issued share capital. After the acquisition, Tencent and * * * hold 262 million shares of the company, accounting for 65,438+05.24% of the total issued share capital of the company.

This is the second share acquisition initiated by Tencent for Feiyu Technology recently. On April 24th, Tencent subscribed for 0/0% shares of Feiyu Technology1.1.90 billion Hong Kong dollars.

Feiyu Technology is a game developer and operator, founded in 2008, formerly known as Xiamen Halo Information Technology Co., Ltd. ... The company has leisure tower defense mobile game "Defending Radish" series, two-dimensional mobile game "Horcrux Academy", page tour "Fairy Road" and Roguelike mobile game "Kaji Expedition" and so on.

2) Tencent invested in the game developer "Dog Sauce Group", holding 10%.

On May 24th, Shanghai Longjiang Network Technology Co., Ltd. (hereinafter referred to as "Longjiang Network Technology") made industrial and commercial changes and added Guangxi Tencent Venture Capital Co., Ltd., with a subscribed capital of 65,438+0,634,000, with a shareholding ratio of 65,438+00%. At the same time, the shareholding ratio of Netease (Hangzhou) Network Co., Ltd., which became a shareholder in1February last year, decreased from 20% to 18%, and remained the second largest shareholder of the company.

On April 30th, according to the enterprise survey, Cross Star Studio (Hangzhou Cross Star Cultural and Creative Co., Ltd.) completed the 1 100 million B round of financing, with Tencent as the investor. The main purpose of this round of financing is to build a future-oriented next-generation engine workflow, set up a large-scale 3D project research and development team, and further strengthen the company's existing advantages in narrative.

Prior to this investment, Tencent has participated in the investment of this studio for three times, with a shareholding ratio of 13.07%. After the B round, Tencent's shareholding increased to 29.9962%. Other employers include a auto faster and Dream World, holding 6% and 3.64% respectively.

Cross Star, founded on 20 16, is a content provider serving animation and game development industries, which can provide one-stop content services from upstream to downstream, from world outlook, novels, comics and games.

At present, the game project operated in Cross Star Studio is Spiral Waltz, and the works under study include Retro with Half Lights, Million Crops in Chang 'an, Spiral Waltz 2~ Battle of the Roses, Code Name: Robot, etc. , covering cultivation, simulation management, dressing and other categories.

4) Tencent Video released the support plan for young animation directors in China.

On May 23rd, Tencent Video released the first support plan for young animation directors in China, dedicated to discovering young animation talents with dreams and high-quality animation content, and accelerating the high-quality development of domestic animation.

The plan is divided into three themes: free creation of animated cartoons, daydreaming animated short films and college students' animation. Participants are not limited to independent animation directors, college graduates or students.

Free creation theme, corresponding to the uncapped support funds; With "Daydreaming" as the theme, six animated short films will be selected, with a maximum support of 2 million yuan/film, and 1-2 animated series or films will be selected for incubation, and the support funds are unlimited; The collection of college students' animation works will be awarded with gold award, silver award, bronze award, best animation director, best visual design, best animation editing, best story creativity, best art direction, excellent works award and other awards. The total prize money will exceed one million yuan, and the maximum single item will be 300,000 yuan.

(Click for details: China Youth Animation Director Support Program is coming)

Adventurer pub was founded in July 2065438+2009, and it belongs to Shanghai Ji Meng Interactive Network Technology Co., Ltd. It is a game development team, focusing on the research and development of high-quality independent games.

Its game products include Electric Street Coffee Shop, which is an independent game with the theme of maid coffee shop and integrating role-playing, love and business elements. At present, I have logged into TapTap to open the reservation, with a cumulative reservation of 55,000 times and a game score of 9.8.

Giant Network said that the development team of "Electric Street Coffee Shop" will continue to maintain independent management rights and distribution rights after obtaining investment. At the same time, Giant Network will rely on the company's R&D system and the resources of China Taiwan to provide the whole business chain support for the team and help the products face users as soon as possible.

The "First Bomb" APP is a secondary social platform officially registered by Shanghai Haisigan Network Technology Co., Ltd. from 2065438 to May 2005. At first, it was mainly divided into "community" and "house".

On May 20th, the court sentenced Shanghai Sigan Network Technology Co., Ltd. to a fine of10.3 million yuan for the crime of copyright infringement, and sentenced Wang (the founder of the company) to three years' imprisonment, suspended for four years (that is, he did not need to serve three years' imprisonment for good behavior within four years), and fined him 240,000 yuan; The remaining 26 people in the company were also sentenced to three years' imprisonment, suspended for three years, fined 300,000 yuan to nine months' imprisonment, suspended for one year, and fined 2,000 yuan. Finally 1 person decides on a date.

8) Mothers and infants parenting bloggers criticized Ye.

On May 28th, Chengdu Li Zimin Network Technology Co., Ltd. (hereinafter referred to as Li Zimin Network) made a number of industrial and commercial changes, adding Shanghai Li Bili Technology Co., Ltd. as a shareholder, holding 25% of the shares.

Li Zimin Network is committed to developing high-quality game entertainment products, and is a high-tech enterprise integrating game development, digital entertainment and product support.

The company was established on March, 2020 16, with core members from Sohu Changyou, Kong Zhong, Shanda, tap4fun and Vitas.

The representative work of this company is TSRT. TSRT is a secondary mobile game aimed at core secondary users in Cyberpunk. It uses a lot of 3D animation deduction, interactive story introduction and dynamic comics to create a colorful game world and enhance the player's sense of substitution.

10) Warner Bros. Game Department will be split.

Recently, American telecom giant AT & amp; T announced the divestiture of Warner Media, the parent company of Warner Games, and discussed the merger of Warner Media and Discovery Channel to form a new independent streaming media company.

The transaction is expected to be completed in 2022, so Warner Bros. Interactive Entertainment, a subsidiary of Warner Media's game business, will be split.

Founded in 2004, Warner Entertainment has released more than 200 games since its establishment. It is reported that some game studios will stay at AT & amp; T, some studios will be merged into the new company, and the details have not been disclosed by the official for the time being.

At present, Warner Bros. Interactive Entertainment's studios include Avalanche Software, Monolith Productions, Mortal Kombat series developer NetherRealm Studios, TT Games, Batman Akam and other 1 game studios.

12) In May, 86 online games passed the preliminary examination, and Tencent, Xindong and Netease were listed.

On May 24th, the State Press and Publication Administration announced the list of domestic online games that passed the review in May 20021. A total of 86 games, 85 mobile games (24 casual puzzle games) and 4 client games (3 of which have both mobile and client versions) were reviewed.

The games reviewed include Tencent's high-energy hero, Netease's wild civilization, Heartbeat's dream in a cage (with mobile phone version and client version), 4399' s seal of Yuan Shen, Duoyi's rebirth of gun fire, Titan's sword of Electrosoul, Ling Yunnuo of Friendship Time, and Fallo of Thunder Game: Dreamland.

13) Kong Fu Interactive officially delisted.

On May 25th, Kong Fu Interactive received the notice of termination of listing from Shanghai Stock Exchange, and will enter the delisting period from June 2nd. After the consolidation period, it will be delisted and traded in the third board market.

20 16 Kong Fu interactive stripping concrete pipe pile industry transformation entertainment industry. In September of the same year, it acquired the equity of Jagex Games 5 1%, the parent company of a British game developer, for RMB16.32 million, and spent RMB 2.2 billion in 20 17 to acquire the remaining equity of 4 1%. At the end of 20 17, Kong Fu Interactive acquired the 5 1% equity of the board game company Clown Network for136.68 billion yuan. However, due to the dispute between the two parties over the final payment of 367 million yuan, the original boss of Clown Network refused to provide the financial data of the company appointed by Kong Fu Interactive, so Kong Fu Interactive could not merge Clown Network. 2065438+In April 2009, Kong Fu Interactive sold Jagex Games to private equity M&A fund for $530 million.

The net assets attributable to shareholders of listed companies from 20 18 to 2020 are-3.539 billion yuan,-2.309 billion yuan and -4 1.9 1 billion yuan respectively.

14) Disney plans to close 100 TV channels and focus on developing streaming media services.

On May 25th, the media reported that on Monday, Disney said it planned to close 65,438+000 international TV channels this year, focusing on streaming media services such as Disney+.

Disney CEO Bob Czapek said that Disney closed 30 international networks last year, including the Disney Channel in the UK. "Most of the content will be transferred to Disney+. This will remain our core strategy as we shift to direct consumer orientation. "

15) The mythical legend was selected as the main feature film competition unit of Angxi Animation Festival in France.

On May 2 1, the French Anxi International Animation Film Festival, known as the "Animation Oscar", announced the nomination list, and the domestic animated film "The Legend of Deification" was shortlisted in the main competition unit of the official feature film, becoming the only animation in China.

The Legend of Gods is a 3D animated film directed by Cheng Teng and Well Lee. Its main producers include Light Film, Colorful House, He Chuan Road and Cocoa Bean. The film was released on June 65438+1 October1in 2020, with a cumulative box office of1600 million yuan, ranking first among domestic animated films in 2020.

In addition to The Legend of Deification, other films nominated in the main competition unit of official feature films are Prison Break (Sweden) and You Bastard! (Philippines), Jose and the Tiger and the Fish (Japan), lamia's Poems (USA/Canada), My Sunshine Made (Czech/French), Chimney Town's Poupel (Japan), Roots (Germany/Austria) and Ape Star (Denmark/Norway).

In addition, this year's French Anxi International Animation Festival will be held online and offline from June 14 to June 19.