In the past two years, well-known actor Ge Youyins Ge Youtan stills or expression packages have been used in commercial propaganda to launch frequent rights suits. On September 9, Beijing Haidian Court released the first instance result of a recently concluded Ge Youweiquan case. Ge You sued Guangzhou Corus Health Products Co., Ltd. (hereinafter referred to as Corus Company) for $220,000 in a lawsuit against the company for commercial publicity without authorization in an article published by Wechat Public Number. In the end, the court decided in the first instance that Corus would compensate Geyou for its economic losses and expenditure on rights protection totalling 8000 yuan.
In his lawsuit, Ge You said that on July 18, 2016, Corus launched the title You want Ge You to lie down as soon as you go to work in its official Wechat Public Number. Theres a magic trick to get rid of fatigue! Picture article. Without authorization, Corus has used several portrait pictures of Geyou in this article without authorization, and implanted advertisements such as Corus, Hengli Film, Against Fatigue, Hengli Being a Man and commercial promotional information such as product promotional pictures. According to Ge You, the company uses the Internet hotspot Ge You Lian and its popularity to promote its brand and products, which easily leads many viewers and consumers to mistake Ge You and Corus for having some kind of cooperative relationship.
In response, Corus argued that most of the articles involved used the images downloaded from the Internet. Ge Youlien was a hot word on the Internet in 2016. When the public saw this image, they would associate it with I Love My Home rather than consider Ge Youlien as the spokesman of Corus. At the same time, Ge Youlien originated from Ji Chunshengs role in I Love My Family. It became a cultural phenomenon after a large number of online users forwarded it. The intention of using the pictures involved in the case by Corus Company was more to touch the hot topics, and it did not maliciously use Ge Youliens portrait as a commercial endorsement.
After trial, the court held that Ge You had the right to portrait his role in film and television works, and that no one else could use his portrait for profit without permission. Without Ge Yous permission, the company uses Ge Yous portrait pictures in its official Wechat Public Number and combines its Wechat Public Number promotional text to attract relevant public attention, read and promote its Wechat Public Number and products. It has commercial use nature, and its use infringes Ge Yous portrait rights. As for the economic losses claimed by Ge You, the court synthetically considered the specific use, scope, time and impact of the image of Ge You by the company, and finally ordered the company to compensate Ge You for the economic losses of 6,000 yuan and the reasonable expenditure expenses of safeguarding rights of 2,000 yuan.
In the past two years, after Ge Youlie became popular, Ge Youlie initiated many lawsuits for the protection of portrait rights, among which the case of Ge Youlie v. Yilong Net attracted wide attention.
In July 2016, Yilong. com used seven Geyou pictures including I Love My Family on its official microblog 18 times, and the text content was directly Ge You Lie. Ge You filed a lawsuit against Yilong on the grounds that his right to portrait was infringed. He won the lawsuit and was compensated for 75,000 yuan.
Ge You plays a modern character in I Love My Family, which has Ge Yous own identifiability. Ding Qian, a lawyer at Zhonglun Law Firm, said that actorsidentifiability is a prerequisite for the infringement of portrait rights, except for the purpose of making profits without their consent. In addition, the expression pack represented by Ge Youlie can also be protected by the Copyright Law. The expression pack is based on the second creation of the original work. If the expression pack conforms to the original height of the Copyright Law, it can also be protected.
Source: Luo Chongwei_NB12082, responsible editor of Southern Metropolitan Daily