One " commercial purpose has a risk with heat of loiter of black hole photograph " , let visual China this appears on the market the company is offended really went up risk.
Besides " black hole " photograph, visual China still is in ensign of website admiral China, China the picture such as national emblem brings into copyright, pay cost to use. In addition, the Logo design of numerous and well-known company also is used at commerce to sell.
Current, visual China besides make an apology to sale ensign and belong to the same organization of national emblem design and leaving a relevant picture, do not have any movements to other open to question picture.
11 days of evening, when Zhang Honglin of visual China vice-president is accepting business of Chongqing of upriver news · to sign up for a reporter to interview, express, inconvenience says more, everything is with group response accurate.
Reporter 11 days of evening 22 when discovery, website of visual China government already cannot be visited.
To the attributive problem of black hole photograph, and visual China offers picture of other company Logo whether the network controversy that tort place causes, university of southwest politics and law civilian personage of major of commercial law Master, copyright law, small gain is famous legal rich advocate " patrol case this accept business of Chongqing of upriver news · to signed up for reporter special interview to undertake an analysis.
Copyright of black hole photograph after all how attributive?
This problem can be divided into two parts to look.
Above all, does this piece of photograph have after all without copyright? Set according to our country law or be the relevant provision on international, only human creation just has copyright as a result, if be objective only, result of natural, calculative, pure report some kind of fact, so whether does this piece of photograph suffer copyright to protect, make a question mark even.
How does visual China sell picture of other company Logo is limitted on copyright?
This need cent is 3 kinds of circumstance discussion.
The first kind of circumstance: One kind be pair of Logo purely breaks up pat, it is a Logo cut even the graph comes down, perhaps say Logo made a main appearance. Lack of this kind of picture is Promethean, visual China sells this kind of picture, formed the encroachment to Logo everybody copyright.
The 2nd kind of circumstance: A piece of picture includes brand already, included other things again, but one of main content that brand attributes a picture, we weigh this piece of picture for " the right is imperfect " picture. Itself of this kind of picture has copyright, but permissive do sth without authorization is sold and use without former obligee, still can form tort.
The 3rd kind of circumstance, although included the brand of others, but brand just appears as setting merely, took picture of a character for example, appeared in setting a small brand. Cite a case, film a certain person stands in front of Tecent building, inevitable meeting pats the Logo of Tecent, the brand of the Tecent below this kind of circumstance just serves as setting board to appear, belong to changeover sex to use namely, do not form tort.
Business of Chongqing of upriver news · signs up for a reporter to talk about a book
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A what kind of company is visual China after all?
In fact, be in " black hole incident " before, already many companies get the worry of visual China, because was used,often tag the picture that has visual China, and encounter lawsuit.
According to analysis of trade public figure, the mode of visual China distributes many picture namely respective net of library of so called free graph. The young stylist that waiting for each companies downloads and use these pictures. Periodic of the congress in the vision retrieves these pictures, if be medium-sized company, have income, visual China can be reaped, if be small company, raise reap 3 two years again.
A large number of from media the photograph often is searched on the net, use the picture of visual China not carefully, often get the lawsuit of visual China or seek redress, bring about many also have ill feeling quite to visual China from media person.
The personage inside course of study points out, visual China raised one caboodle lawyer, work even if be in charge of going up the court is sued, hair subpoena. If you are Internet company, they still have blacker medium, frequent Xiang Ping is complained if really, let you wear below the product.
"But he can not provide the evidence that has copyright to the apple. The apple is in charge of these far from, can fall first frame, ask again you each other talk things over solve, this brings about many companies to must succumb at visual China. This brings about many companies to must succumb at visual China..
2017, professing is omelette net the Sein of only employee, a problem was released to be on this website " by copyright of picture of visual China claim for compensation, very afflictive " article. The article says, omelette net was going to to visual China hair " beg for mercy " after mail, visual China offerred program of a collaboration.
Omelette net cooperates without the choice, then, visual China with 200 yuan of prices of a piece of picture, ask for compensation. And in cooperative plan, the sale unit price of the picture is in only 60-80 yuan interval.
Not only such small website encounters those who cross visual China come claim for compensation, content offers many bigger Internet to also just have similar lot.
According to report of blue whale TMT, on August 5, 2016, today's top headlines ever was fallen to wear by malic APP Store, the personage inside course of study expresses at that time, today's top headlines is fallen to wear, because visual China informs against the issue of picture existence copyright that its use,be.
Additional, tecent also is accused by visual China for many times court, 2016, visual China is in announce public order " dear baby Yo " when give Tecent with respect to conveniently accused, reason is the person that Tecent regards a network as the operation of platform, have the technical medium that runs number of small letter public, have administrative obligation. 2017, visual China gives Tecent again accused, use picture claim for compensation with respect to tort 180 thousand.
Via copartner of abb China management Zhang Ying ever had said, this visual China company developed a system, the extensive search that has an organization not the accredit, respective company that uses their picture cursorily, next compensation of a huge sum of requirement of ask a price of all over the sky.
"Normally a piece of picture also does not accept a minor neglect delete, demand the day price compensation of hundred thousands of RMB directly, coerce an enterprise to sign year collaboration. Coerce an enterprise to sign year collaboration..
Zhang Ying says, from company point of view allegedly results of battle quite abundant, tort really not should, but the commercial pattern of ask a price of this kind of all over the sky more not should. The core business pattern that still turns this into domestic company now, also be comical. "I can continue with respect to the commercial pattern that does not believe such blackmailing, and can maintain. Waiting, sooner or later... "
Visual China predecessor is an one domestic Chinese-foreign joint venture that is canopy originality, lent housing far east 2014 industrial, appear on the market successfully, ascend body A Internet medium child industry, so-called it is company of science and technology of a platform that provides the visual content such as picture of high grade authorised edition, video and appreciation service globally Internet.
On November 20, 2012, " economic reference signs up for " Ceng Fawen is oppugned, in the lawsuit of batch dimension authority of canopy originality, whether to include extortionate. The report says, canopy bales the dimension authority of an area an attorney office, lawsuit of batch dimension authority, divide litigant earnings gains into with law place again next.
Leaf through annals of visual China past years, can discover, visual China counterpoises dimension all the time lawsuit, regarding as is the main strategy of the company.
Early from borrow housing to appear on the market at the beginning, visual China has gotten ready should be in copyright respect old write an essay. The far east when those is industrial 2013 in annals, the company dominant position after authority labelled dimension to recombine, think to attack tort action, can the oldest rate avoids tort loss, OK still a client of firm of tort user translate into. In those days, the company of mark had created special dimension authority department, established professional dimension authority group.
Nearly two years, the dimension authority job of visual China upgrades once more. Signed up for 2017 according to its, company special research and development " accipitral eye " system, with will track company picture to be in the use circumstance of the network, implementation essence follows sale, reduced the cost that win a customer greatly. Inside report period, the company is passed " accipitral eye " the potential client amount of discovery increased than last year 84% , through " accipitral eye " increase amount of year agreement client newly relatively increased last year 54% .
From the point of outstanding achievement state, 3 years outstanding achievement grows visual China steadily recently: 2015 - battalion closed to be 543 million yuan respectively 2017, 735 million yuan, 815 million yuan; Attributive appear on the market the net profit of company shareholder is 158 million yuan respectively, 215 million yuan, 291 million yuan.
In addition, of newest exposure 3 quarterly reports showed 2018, its battalion closes and net profit all maintains the steady growth of two digit, before 3 quarters realize income 701 million yuan, grow 20.97% compared to the same period; Net profit 220 million yuan, grow 35.31% compared to the same period.
Be worth what carry is, the core business that to appear on the market at present the company contributes 80% battalion to close " visual content and service " , be oppugned by numerous enterprise just about " fishing thought fors the time being " part, its are main the method is " dimension authority obtains authority of guest, dimension to achieve close " .
Inquire net of Chinese judge copy clerk, can discover, visual China is on tort lawsuit really " great achievements again and again " . According to not complete count, the easy beauty of wholy-owned subsidiary Han Hua that comes to visual China nearly 7 years, have 2056 lawsuit result; Originality of wholy-owned subsidiary canopy, have 5204 lawsuit result.
Open writ of a few court decisions to examine randomly again, the compensatory lowest that can discover visual China respect is asked for also not less than 10 thousand yuan, but great majority adjudicates writ shows, the court does not grant to support to the amount of claim for compensation of visual China, the indemnity of final court decision, majority asks under the claim for compensation of visual China considerably.
Because this play says,have a netizen, visual China just is right black hole idea.
Upriver news is report of economy of integrated phoenix news, 21 centuries, Oriental fortune net
