On September 9, according to Haidian Court Net, actress Ge You sued Guangzhou Corlis Health Products Co., Ltd. for using its photos for commercial propaganda in an article published by the official Wechat Public Number without authorization. A few days ago, Haidian Court concluded the case, the first trial decided that Corus Company compensated Geyou for economic losses of 6000 yuan and reasonable expenditure expenses 2000 yuan.
The plaintiff, Ge You, complained that on July 18, 2016, Corus put 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 Company uses many pictures of Geyou in this article, and inserts advertisements such as Corus, Hengli Film, Fighting Fatigue, Hengli Being a Man and commercial propaganda information such as product promotional map, contact telephone and so on. The company uses the hotspot Ge Youlie and Ge Youlies social popularity to attract peoples attention, so as to achieve the purpose of promoting its brand and products. This action has very obvious commercial attributes, and it is easy for many visitors and consumers to mistake Ge Youlie for a cooperative relationship with the company. However, this is not the case. Ge Youmeng was seriously misunderstood by the public. The tort facts of Corus Company are clear, and it should bear corresponding legal liability according to law. Therefore, the lawsuit demanded that the company apologize publicly to Ge You in the national publicly issued newspapers, and that the company compensate Ge You for economic losses and reasonable expenses totalling 220,000 yuan.
The defendant, Corus, argued that although Corus published articles in 2016, most of the photos were downloaded from the internet. Ge Youlien was a hot word on the Internet in 2016. When the general public saw this image, they would think that I love my family rather than that Ge Youlien was the spokesman of Corus. Condex deleted articles with Ge Yous portrait in time, with minor subjective errors. Third, Condexs public number has less attention, short upload time and small dissemination scope. It has a certain degree of closeness and needs attention after browsing. Ge You did not cause actual losses; Fourth, Ge You argued that there was no evidence to support reasonable expenditure; Fifth, Ge You lie mainly from the role orientation of Jichunsheng in my family, whose overall picture is part of the plot, which has become a cultural phenomenon after a large number of forwarding by netizens, and the intention of using more pictures involved in the case by Corus Company. Its a hot topic. There is no subjective malicious use of Ge Yous right to portrait as a commercial endorsement.
After trial, the court held that the portrait is a visual image reproduced on the material carrier through the artistic forms of painting, photography, film and so on. The right of portrait refers to the natural persons right to reproduce, use or license his own portrait. Its carriers include portraits, life photos, stills and so on. When the public associates the performance image with the performers own features, the performance image is also a part of the portrait. The copyright related to the film and television works does not conflict with the portrait right.
In this case, Ge You has the right to portrait his role in film and television works. In the absence of evidence to the contrary, other people may not use his portrait for profit without permission. Ge You has the right to sue for his right to portrait and claim related rights in this case. 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, which are commercial in nature. Its use infringes Ge Yous right to portrait. When undertaking the tort liability of stopping the infringement, eliminating the influence, apologizing and compensating for the loss.
Regarding the economic loss advocated by Ge You, it has not submitted evidence to prove the property loss caused by the infringement of personal rights or the benefits obtained by the company. Considering that Ge You is a public figure and has a high degree of attention, the intention of the companys behavior is more prominent in maintaining the interesting form of publicity promotion articles. Vigorous and timeliness of public number push, from the content of the article and the image itself containing Ge You, the general public will not think that the company uses Ge Yous popularity to advertise its business operations, nor will it regard Ge You as the commercial spokesman of the company. For the economic losses of Ge Yous claim, the court judged the specific use, scope, time and impact of Ge Yous portrait comprehensively by the Corus Company; for the reasonable expenditure items of Ge Yous claim, although it did not submit invoices for lawyers fee and notarys fee, lawyers did appear in court to participate in the trial activities and submit the cases involved. Notarization, therefore, the court synthesizes the necessity and reasonableness of the above fees to make a decision; on Ge Yous claim of other fees, the court does not support the lack of evidence. In summary, the court ordered Corus to compensate Geyou for economic losses of 6,000 yuan and reasonable expenditure expenses of 2,000 yuan.
Source: Editor-in-Charge of IT Home: Qiao Junjing_NBJ11279