Ge You lie in second instance to maintain the original judgment elong compensation 75 thousand yuan Ge You

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 Ge You lie in second instance to maintain the original judgment elong compensation 75 thousand yuan Ge You


The court of Haidian, Beijing, in accordance with the twentieth article of the Peoples Republic of China tort liability law, verdicts the Yilong net to publicly release an apology statement on its micro-blog account for unauthorized use of Ge Yous play and photos. It shall not be deleted within 30 days for 72 hours at the top, and compensation for the economic loss of 70 thousand yuan to pay its rights. The expenditure is 5000 yuan, and the total amount is 75000 yuan.

The Yilong network made an appeal. However, in the second instance, the first intermediate peoples Court of Beijing rejected elongs lawsuit and upheld the original judgment.

On the micro-blog and WeChat network platforms, various official and public articles are very common in making expressive packages using performers pictures, with both pictures and moving pictures to attract the readers.

The official micro-blog of elong has used the case of Ge You lying stills to infringe the right of portrait. Ge You angrily told the Beijing Haidian District peoples Court of elong.

Yilong network is a well-known tourist information service website. In July 25, 2016, Yilong net published the Ge Youtang map of Ge Youtang in its Sina official micro-blog travel network, which added a word subtitle to each picture in the form of a picture matching line and introduced Ge You lie to a wine shop reservation related to the website business.

Ge You believed that Yilong network was able to process and use its portrait pictures, which had obvious commercial attributes. It was very easy to make many visitors and consumers mistaken for it as the spokesperson of Yilong network, or have some kind of cooperative relationship with the website, so that he was misunderstood by the outside world and asked to make an apology and compensate the economy. A loss of 400 thousand yuan and a reasonable expenditure of 10 thousand yuan.

Yilong. com argues that Ge You lie down represents a lazy state and life attitude of modern people under heavy pressure, reflecting the cultural phenomenon and connotation behind it. First of all, when micro-blog published the case, when it became a hot spot in the network, it made use of the cultural connotation of Ge You lie. It was meant to be humorous and exaggerated, not intentionally using the Ge You portrait to carry out propaganda and profit, and the subjective no intention of infringing the right of portraits. Make a relationship. Secondly, the play can not be equal to the individual portrait, and there is a distinct difference between the two. The play can be associated with the portrait directly when the viewer is directly associated with the person. When the audience sees Ge You lying, he thinks of the cultural connotation behind it, not the actor himself. The effect is not the character of the portrait. It is different from the traditional commercial use portrait, and it will not make the network user misrecognized. Third, the number of points, comments and forwarding numbers of micro-blog were very few, and were deleted on the day after receiving the notice, which would not cause huge impact and economic loss to Ge You. Ge You claims that the amount of compensation is too high, and there is no reasonable factual basis.

Art dragon network official micro use apologize or Ge You recognized

On August 1, 2016, Ge You notarized the announcement on July 25 as follows: How do you know the value of Friday without Mondays crash? In order to cope with the difficult Monday, Xiao Yi broke out Ge Yous exclusive teaching, that is, learning to lie down and pack teaching bags.

The micro-blog used 7 pictures of the plaintiff, Ge You, 18 times. The text included direct use of text and annotated text on the picture. Except for the first one was not a play, the plaintiff personally dressed in a suit to other companies, the rest were shown, the last few pictures matched the hotel background, such as the big bed, the bathroom and so on. The micro-blog was attached to the booked wine. The word shop dragon is accompanied by two dimensional code and elong logo. The micro-blog was forwarded 4 times, commented 4 times, and praised 11 times. In August 18th of the same year, eLong received Ge Yous lawyers notice and deleted the micro-blog.

On December 7, 2016, Yilong. com posted a letter of apology on its own microblog, which read: Sincerely apologize to the peoples artist Ge Xiansheng. Teacher Ge You is a treasure in the comedy world. He has created too many images for the contemporary people. Xiaobian micro-blog used Ge Yous lying pictures to create trouble for Mr. Ge You. I sincerely apologize. The lawsuit was not what Xiaobian wished for, but the personal worship of Mr. Ge You was like a torrent of water, which was out of control. After the Xiaobian, he will strictly control his emotions, and he will not show off his admiration for Ge You. What is the most expensive service in twenty-first Century? Yilong will continue to bring the most comfortable service and enjoyment to consumers, borrowing a classic line from teacher Ge You: the pleasure of the emperor is to serve the foot as a face. Fighting, fighting! , the apology micro-blog forwarded 24 times, commented 197 times, praised 58 times.

The court finds that the use of elong has constituted infringement.

The amount of compensation was higher by Ge You. The court took the following circumstances into consideration and determined the amount of compensation as appropriate.

1. Ge You is a famous actor, and the public is more concerned about it.

2. elong is a well-known website with a certain scale, its official micro usage behavior has raised the attention of Internet users to its micro-blog.

The 3. Arts Dragon Network micro-blog has a high number of attention, but from the point of micro-blogs point of praise, comment and forwarding number, the amount of reading involved in micro-blog is general and the scope of influence is limited.

4. the elong network was deleted immediately after receiving the notice, and expressed the desire to negotiate with Ge You to resolve the dispute.

The use of Ge You lying in 5. micro-blog is really different from the direct use of Ge Yous personal photos. It is different from the behavior of the traditional commercial use of celebrity portraits. In general, Internet users are not mistaken for Ge Yous endorsement for Yilongs products. 6. Since most of the pictures involved are stills, the judgment in this case only concerns Ge Yous right of portrait, and the right holder of the stills should have a share of compensation. In accordance with the 100th articles and 120th Article 1 of the general rules of the peoples Republic of China and the twentieth article of the Peoples Republic of China tort liability law, the court issued an apology statement issued by the Yilong net in its micro-blog account for unauthorized use of Ge Yous play and photographs, placing the top of the net for 72 hours, 30 days. It is not allowed to delete and compensate Ge You for economic losses of 70 thousand yuan, and to pay 5000 yuan for his rights protection, which amounts to 75000 yuan. Elong appealed. In the second instance, the first intermediate peoples Court of Beijing rejected the appeal and upheld the original judgment. Source: cover news - editor in charge of Huaxi Metropolis Daily: Zhang Haitong _NN9053

The use of Ge You lying in 5. micro-blog is really different from the direct use of Ge Yous personal photos. It is different from the behavior of the traditional commercial use of celebrity portraits. In general, Internet users are not mistaken for Ge Yous endorsement for Yilongs products.

In accordance with the 100th articles and 120th Article 1 of the general rules of the peoples Republic of China and the twentieth article of the Peoples Republic of China tort liability law, the court issued an apology statement issued by the Yilong net in its micro-blog account for unauthorized use of Ge Yous play and photographs, placing the top of the net for 72 hours, 30 days. It is not allowed to delete and compensate Ge You for economic losses of 70 thousand yuan, and to pay 5000 yuan for his rights protection, which amounts to 75000 yuan.

Elong appealed. In the second instance, the first intermediate peoples Court of Beijing rejected the appeal and upheld the original judgment.