Sanmaos family sued see word as face and sentenced the program to infringement

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 Sanmaos family sued see word as face and sentenced the program to infringement


Sanyuan told us that in the 10th episode of the second season of seeing words as faces broadcast on Tencent video platform, the performing guests read the letter past, present and future written by Chen Siqing, Sanmaos father, to Sanmao.

The legal successor of the writer Chen Siqing, the three brothers and sisters of the writer Sanmao, told the Beijing Internet court three of the programs involved in the case, asking the court to order the three defendants to apologize to the three brothers and sisters, eliminate the impact, and compensate for the spiritual damage of the three brothers and sisters, on the grounds that the above-mentioned acts violated the right of modification, reproduction, performance and information network communication of the letters involved without his permission Comfort money, economic losses and reasonable expenses paid to stop the infringement.

After accepting the case, Beijing Internet court held a public hearing on April 24, 2020. In the court trial, the parties have launched a heated debate about whether the three plaintiffs have the copyright of the letters involved in the case, whether they have the right to file the lawsuit; whether the three defendants have violated the rights of modification, reproduction, performance, information network communication and whether the acts involved in the case constitute the reasonable use of the copyright law.

After hearing, the court held that the act involved in the case constituted an infringement on the right to modify, copy, perform and disseminate information through Internet. The addition, modification or deletion of the words and phrases of the letters by the programs involved in the case belongs to the literal modification and deletion of the letters involved; the deletion of the long sentences and paragraphs of the letters involved in the case and the replacement of the order of the paragraphs belong to the change of the contents of the letters, so they all fall into the scope of the control over the modification right of the letters involved in the case.

In addition, in this case, the program in question fixed and reproduced part of the contents of the letter in the form of subtitles. Although some changes were made to the contents of the letter, it did not form a new expression, so it still constituted a copy of the letter in question.

Reciting written works, playing music, singing songs, etc., are typical live performances. In the program involved in the case, the actors face the audience, cooperate with body language and facial expression, and recite part of the contents of the letter with emotion, which belongs to the performance of the letter involved in the case.

Because the program involved in the case includes the performance and subtitles of the letter involved in the case, the public can know the content of the letter involved in the case by listening to the reading of the letter involved in the case and watching the subtitles of the letter involved in the case when watching the program involved in the network. Therefore, even if the direct object of information network communication is the program involved in the case, the behavior actually achieves the effect of providing the letter involved in the case to the public, and also constitutes the information network communication of the letter involved in the case.

The court held that the purpose of using the letters involved in the case is not simply to introduce, comment or explain other issues, but to show the contents of the letters by reading them aloud, so as to achieve better program effect and ultimately attract the audience. The use of case related letters in case related programs has reached the level of basically reproducing the content of case related letters, so it is not an appropriate reference.

Accordingly, the Beijing Internet court issued a judgment in the first instance, in which the three defendants published a statement in a prominent position in China Press, publication, radio and television news within ten days from the effective date of the judgment, eliminating the impact of the infringement of the right to modify the letters involved in the case, and jointly and severally compensating the three plaintiffs for their economic losses and reasonable expenses totaling more than 62000 yuan for the infringement of the right to copy, perform and disseminate the information network, Reject other claims of the three plaintiffs.

Directors response to the recommendation that Sanmaos family report see the word as the face infringes on copyright program source: cover news editor: Mei Yahui_ NBJS10286