Former National Leaders Portrait Selled Panoramic Network: No Copyright Does Not Prevent Selling Money

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 Former National Leaders Portrait Selled Panoramic Network: No Copyright Does Not Prevent Selling Money


Shortly after the publication of the first black hole photo on April 10, a media query found that the photo was also stored in the visual China library, triggering a media and netizensprotest: Is visual China going to be right with all mankind? Some netizens said, Visual China is ready to make a big profit from black hole photos.

Many portrait photos sold on Panorama

Panoramic Network is listed on the new third board. Its business model has been questioned as routine marketing, which has been called plaintiff maniac by media magnates.

Panoramic Network Sells National Flag, Party Flag, Party Emblem Photos and Portraits of Great Men

Shortly after the release of the first black hole photo in human history at 9:07 p.m. on October 10, it was found that the black hole image had been listed on the Visual China website as an editing picture of Visual China for sale. For a time, visual China was pushed to the forefront of public opinion.

The matter of black hole photographs is not over yet. It has been found that the national flag and emblem are also marked with copyright watermarks on the Visual China website. The Communist Youth League Central Microblog is angry: Is the copyright of the national flag and emblem also yours?

But you dont know that another similar website, Panorama Platform, a public company listed on the new third board, not only sells flags, party flags and Party emblems, but also sells pictures of former leaders. The platform is operated by Beijing Panoramic Vision Network Technology Co., Ltd. with the stock code 834877 and the stock is referred to as Panoramic Network for short.

Did Panoramic Network redesign the design style of the Party emblem and flag and have copyright? Why can so many portraits of former leaders become the targets of their sales?

In this regard, some netizens jokingly said: panoramic network is to make with the whole Chinese right?

The following pictures are taken from the Panorama platform for sale page screenshots:

Daily economic journalists found that the license in the picture information such as national flag, party flag and portrait of great man on Panorama website clearly stated that without authorization of model portrait or ownership or unknown, but it could still be paid online. The price of standard authorization ranged from 200 to 1000 yuan. The price of complete authorization ranged from 1500 yuan to 3000 yuan. ?

Reporters call Panoramic Network, staff told reporters that as long as the site can pay online pictures, are available to buy. The staff further indicated that panoramic networks are copyrighted as long as the pictures on the website can be normally sold. This statement clearly contradicts the website logo.

Lawyer: Selling portraits of national leaders? Panoramic Internet is suspected of violating the law

In response, Wang Hui, a lawyer at Beijing Jingshi Law Firm, said that the creation of the national flag and emblem around 1949 should be the result of collective creation. Normally, works with national symbolism cannot be resold to commercial websites.

Obviously, the national flag, party flag, portraits of former leaders and other pictures, panoramic network does not have copyright, but they are sold on the website. In this regard, panoramic staff vaguely said that the payment is due to the right to use pictures, in any website to buy pictures are to pay.

Asked by reporters, the worker admitted that the panoramic network of pictures such as portraits of great men was not copyrighted.

However, in the copyright declaration below the Panorama page, it is claimed that all pictures and video materials on this website are authorized by our company or copyright owner.

Wang Hui said panoramic network has no ownership of photos and is not eligible for sales.

Wang Hui further said that it is illegal to sell without ownership, which is manifested in three aspects: first, illegal profit making; second, infringement of the rights and interests of the real copyright owners; third, infringement of the rights and interests of those who pay for copyright purchase. The copyright purchased by the purchaser from the person without copyright is invalid. If the person who really owns the copyright sues, he can win.

Visual China, Panoramic Network and other business models are questioned

On July 3, last year, Zhang Yingfa, founding managing partner of Weibo Certification China, approved Visual China, claiming that he organized a large-scale search for enterprises that had not authorized or neglected to use their pictures, and then demanded huge amounts of compensation. Usually, a small negligence of a picture would not be accepted for deletion. He directly demanded hundreds of thousands of RMB sky-high-value compensation and threatened enterprises to sign annual contracts.

Zhang Ying believes that infringement should not be, but this overwhelming business model should not be, and now it has become the core business model of the company, which is also funny.

According to the media Blue Whale, Visual China has been questioned for fishing for rights, and the defendants of the media can only suffer dumb losses in infringement.

According to the Beijing Business Daily, it is believed that there is a blackmail business model of safeguarding rights - litigation - Reconciliation - signing in visual China. Visual China has denied what netizens call the fishing rights protection model. For Zhang Yings blackmail, Visual China said, We cant blackmail. We are a commercial company. You sign a contract with me. I will provide you with high quality service. Thats all.

At the same time, Beijing Business Daily reported that panoramic network is also a big picture rights protection users.

Also from the media Financial Street detective Tucao panoramic network routines from the media, from the media to 10 thousand yuan a picture of rights protection.

If you infringe upon your rights, you should be charged copyright fees. What can you complain about from the media?

Financial Street Detective said, The main reason is that the price is unreasonable and there is suspicion of extortion.

The price of the pictures displayed on Panoramas official website ranges from 200 to 3000 yuan, while the price of the set meal is 600 yuan for 10 pieces.

Panoramic Screenshot of Web Page

What really angers the big names in the media is that they think panoramic network routine marketing makes them win, because panoramic network has repeatedly advertised that non-commercial use of pictures is free, and panoramic pictures can be downloaded for free. But if the Wechat Public Number from the media really uses its picture, then its 10,000 pictures to sue you. As for what is non-commercial map, panoramic network has the final say.

Panoramic Network not only declared in the 2017 newspaper that the non-commercial plans for individuals and enterprises were fully free of charge, but also issued a special announcement of the free and open non-commercial plans.

Screen data panoramic network 2017 newspaper page

Panoramic Network Announcement

Panoramic Network announcement declares that free non-commercial use plans are open, but what is commercial use plans is not defined.

So, is there a clear definition of the scope of free use of pictures on Panoramas official website? On its website, whether it is the download page or the home page, there is no eye-catching prompt, nor any prompt in the download process. One click directly downloads successfully. In the common problems below the website, click on the common problems, and then click the drop-down menu, Picture copyright related - on the download and use of the sample, prompting the use of the sample license contract, in the contract, the scope of the use of the sample is defined, it is difficult for ordinary users to find. While the sample drawings use the relevant content of the authorization contract, why not make it clear in the free announcement? Is this free use of propaganda fishing? Look at the behavior behind the panoramic network and you have your own judgment.

According to a civil judgment issued by Xiamen Intermediate Peoples Court, a company used the works of Panoramic Vision Company whose copyright number is 1E-01206 as an article drawing without authorization in its Weixin public number SOUTHMONEY. Panoramic Network claimed damages for infringement and other expenses totalling 10,000 yuan from the company. Finally, the court decided that the use of pictures in the first instance should compensate for economic losses (including reasonable expenses) of 1500 yuan.

According to the statistics of Tian Eye Check, up to now, the announcement of panoramic network has reached 1870 times:

Photo Source: Tian Eye Check

Is Panoramic Network for the Future of Copyright Industry or for the Business Business behind it?

Panoramic Network in the companys annual report in 2017 openly said that in order to carry out rights-based marketing to form a new team, 62 more employees than the previous year, resulting in personnel, housing rental and other operating costs increased by 6.09%.

It is no wonder that Panoramic Network, which had only 195 employees in that year, publicly stated in its 2017 report that the newly formed legal rights protection team has expanded the rights protection marketing model and shifted the focus of its business at the same time. It can be seen that great expectations have been given to this new model.

Of course, the rights-based marketing model immediately brought huge returns, and the earnings report showed that the revenue of photo rights-protection increased by more than 21 million yuan.

Yu Minhong and other panoramic network shareholders suffered serious losses last year.

According to the plan, Visual China will have 388 million restricted shares listed and circulated on April 12, with a market value of about 10 billion, accounting for 55.39% of the companys total equity. Where will the stock price go in China?

Panoramic Network has not published its annual report for 2018 so far. According to the summary of its 2018 report, the total profit last year was more than 470 million, down 2184.87% from the same period last year.

Photo Source: Panoramic Network Annual Performance Bulletin 2018

According to Panorama, the companys shareholders include Yu Minhong, founder of New Oriental, Hou Jun, chairman of Gaode Map and Li Bin, founder of Yiche.

Source: Daily Economic News Responsible Editor: Yao Liwei_NT6056