On September 27, 2018, edition of A07 of China business newspaper was published " the photograph is used old person of 7 a period of ten days denounces outstanding remuneration view " news. This year on April 15, xi'an city quadrangle adjudicates the old person wins the lawsuit.
The enterprise uses other picture without allowing
November 2016, the photograph near smooth door is contained before gentleman of the first month sees there is a landed enterprise to collect 20 years on roadside billboard, he lived a few years around the door that contain light, there are a lot of old pictures in the hand.
After a few days, a few old photographs that gentleman of the first month films he and daughter take this company, gentleman of the first month when both sides negotiates happens occupied leave, the photograph stays in that enterprise, company controller is made clear to say before gentleman of the first month goes, do not agree not to allow to copy via him or use these pictures directly. After a few months, he discovers a few websites published his photograph, but this enterprise does not have any views or remuneration.
Later, gentleman of the first month looks for this enterprise to denounce a view, ask economy is compensated for, and even this enterprise and the website that reprint use photograph apologize publicly, but both sides was not reached consistent. Last year October, gentleman of the first month sues experience thing enterprise and 4 media that release a photograph with the name of oneself and daughter respectively, seek redress loss more than yuan 60, bear the legal cost of the case two cases.
The court sentences enterprise tort to compensate for 20 thousand yuan
The Qin Dynasty of defendant company Shaanxi installs limited company dispute of trade of 10 thousand buy to say, the company is held at that time when collecting old photograph activity, gentleman of the first month provides the picture the company of one's own accord, do not have pair of mobile content demur, this explains gentleman of the first month permits a company to use these pictures, bilateral form concerns into the contract. Accordingly, the company does not form tort. Media of 4 the accused thinks, they are in charge of advertisement releasing only, do not put in fault.
Classics cognizance, the court is maintained, the Qin Dynasty installs what 10 thousand companies hold to collect old photograph the activity is in at that time with its build project business activity to concern, this company wrote two reports to be published in media of 4 experience job, work of photography of gentleman of the first month is used in the report 21 pieces, work of photography of daughter of gentleman of the first month 22 pieces.
The court thinks, company of An Motong of the Qin Dynasty is in for conduct propaganda build a project to collect old photograph to the society, more than pieces of 100 photograph that after gentleman of the first month is informed this matter, films oneself and daughter provides this company, but this company was not made to gentleman of the first month " which work is selected " acceptance, because this should maintain gentleman of the first month,father daughter and company of An Motong of the Qin Dynasty did not build copyright contract to concern. The Qin Dynasty brings 10 thousand companies without gentleman of the first month father daughter allows, experience record photography work is used at publicizing its to be in to build a project to form tort, the agree is carried stop losing of tort, compensation civil liability.
Additional, media of 4 experience job installs 10 thousand companies to not was seleted work certainly to the Qin Dynasty not witting, do not assume liability to pay compensation, but the opus of experience case photography that should release the place on its website is deleted.
This year on April 15, xi'an city quadrangle makes first instance adjudicate, company of An Motong of the Qin Dynasty compensates for father of gentleman of the first month respectively female each 10 thousand yuan, media of 4 experience job deletes work of experience case photography.
Lawsuit is hit win finish loss 10 thousand multivariate
Hit winning lawsuit is a glad thing originally, but accept hard however to gentleman of indemnity the first month.
Cong Mengxian of reporter of China business newspaper's crude daughter point understands, its expenditure includes notarial cost in all 5000 yuan, retaining fee two each 10 thousand yuan, and the case accepts fee. Accordingly, father of gentleman of the first month female cost 30050 yuan in all to hit this lawsuit, and compensation is two people each 10 thousand yuan.
Judgment shows, cent is two law case to try the case that gentleman of the first month and daughter prosecute the Qin Dynasty to install tort of 10 thousand companies, the court adjudicates every case accepts fee company of An Motong of 6025 yuan of the Qin Dynasty assumes 1000 yuan each, 10050 yuan of You Mengxian give birth to the others father daughter is assumed.
Compensate for the cognizance of amount about tort, the court thinks, the actual loss that because of gentleman of the first month father daughter did not provide its tort to suffer or company of An Motong of the Qin Dynasty violate the sufficient evidence of earning because of what tort obtains, according to Qin An 10 thousand companies collect amount of 3 class bonus to be 23000 yuan, and Ceng Xiangqin of gentleman of the first month installs 10 thousand companies to ask the reality of 10000 yuan of bonus, the court considers indemnity integratedly to be 10000 yuan.
Gentleman of the first month expresses, he appeals the consideration. China business signs up for reporter Zhang Chenglong
