On July 25th, 20021year, good news came to Lu Han. Beijing Internet Court announced the first-instance civil judgment of Lu Han and Guangzhou Dingbo Manchester United Medical Investment Co., Ltd. on the dispute over network tort liability, and the date of judgment was April 25th, 20021,19.
In this case, the defendant posted the title "Guan Xiaotong Sweet Crit, Lu Han! On its official WeChat account. Why her? In the article, the photos of Lu Han and Guan Xiaotong were used for commercial propaganda without authorization, which violated their portrait rights. In order to protect his legitimate rights and interests, Lu Han also appealed to the court, demanding that the defendant publicly apologize, and compensate for the economic loss of 90,000 yuan, mental damages 1 10,000 yuan and reasonable expenses (evidence collection fee) 1 10,000 yuan.
Lu Han won the case for domineering rights protection. After hearing the judgment, the court also asked the defendant to compensate the plaintiff Lu Han for the economic loss (including reasonable expenses) 1.8 million yuan within ten days after the judgment came into effect, and rejected the plaintiff Lu Han's other claims.
Lu Han's active rights protection has also been supported and encouraged by netizens. I hope everyone can respect the legitimate rights and interests of artists and pay more attention to their works. We also expect more good news from Lu Han and Guan Xiaotong as soon as possible. I'm sure it will win everyone's extensive blessing, and it may also lead to another server crash in Weibo!
Earlier, Guan Xiaotong also defended rights. On July 2nd, 20021year, good news came from Guan Xiaotong again. Beijing Internet Court announced the first-instance civil judgment of Guan Xiaotong and Qingdao Jinding Plaza Co., Ltd. on the dispute over network tort liability, and the judgment date was April 6, 20021year.
In this case, the defendant posted an article entitled "Lyme FLARE∣ Guan Xiaotong adopts a gorgeous peony to contract the fashion of spring" on its WeChat WeChat official account, and used Guan Xiaotong's 19 photo for commercial publicity without authorization, thus infringing her portrait right. Guan Xiaotong also asked the defendant to stop the infringement and apologize publicly. At the same time, it is also necessary to compensate the economic loss of 6.5438+0.8 million yuan and the reasonable rights protection fee of 2,000 yuan.
After Guan Xiaotong successfully tried the verdict, the court also asked the defendant to issue a statement on the official WeChat account for two consecutive days, apologizing to the plaintiff Guan Xiaotong, compensating Guan Xiaotong for economic losses of 38,000 yuan, and rejecting the plaintiff Guan Xiaotong's other claims.
Guan Xiaotong's active rights protection has also been supported by netizens. I hope everyone can respect the legitimate rights and interests of artists and pay more attention to their works. I also look forward to more good news from Guan Xiaotong and Lu Han as soon as possible, and I believe I will win your extensive blessings!
My view on this matter is often that the official account manager of WeChat thinks that it is an intercepted picture of a movie or variety show, which has nothing to do with the star, and there is no infringement of the portrait rights of others. A star has certain social recognition, recognition and commercial value. Without the consent of the star, the official account manager of WeChat uses the star's photo in his official WeChat account to help him promote the business.
Even if the photo is a screenshot of a star participating in a TV series or variety show, it is obvious that the image of the photo belongs to the star, and the copyright of the film and television works does not conflict with the individual's portrait right. Therefore, even if it is a screenshot of a movie, it is an infringement to use the portrait of a star for profit without my consent.
The following are my suggestions to the managers in the official WeChat account. 1. Provide relevant legal training for publishers of recruited articles. The publication of the article may not only infringe on the portrait rights of others, but also infringe on the copyright and advertising law of others.
2. Before the article is published, please ask the company's legal affairs or legal adviser to review the article.
3. Use photos or works of others after obtaining authorization from others.
If someone else sues, please ask the legal person to analyze the case. If there is a greater risk of losing the case, it is suggested to actively mediate with the plaintiff to avoid leaving a record of losing the case online or affecting some future plans of the company (such as listing plans).
In short, legal awareness is very important, whether it is smoking powder, rubbing hot spots, advertising, promotion, and matching pictures with other people's photos.