On May 16 afternoon, open a court session of court of people of sea peaceful city tried picture network one case to transmit copyright issue desk, the accuser of the case is the near future get social community attention fully " visual China " .
The origin of this case is, hai Ning because a hospital is in in official small letter use 10 pieces of pictures, by " visual China " Yi Mei of subsidiary Han Hua (Tianjin) the photography work that image technology limited company uses accuser to have composing money property right without accredit with this hospital, enroach on network of accuser work information told a court for transmission authority, request court sentences cold the accused to delete and disuse tort work, compensatory accuser loss 40000 yuan, add up to sleave to raise 2000 yuan, add up to 42000 yuan, bear this case lawsuit cost at the same time.
The evidence that accuser provides shows, work of 10 pieces of of experience case high-definition photography was shown on their website, add note " visual China " with collaboration square " GettyImages " (Gai Ditu resembles) watermark, declare with copyright, still offerred the accredit document of GettyImages.
Accuser thinks, of the person that the work of experience case photography that the accused uses showed photography achieve a gender formerly, be not pure only the mechanical emersion of hypostatic person, content. By its photography technology is used in the professional cameraman of global each district with GETTY IMAGES, film after the item such as angle of decision landscape, depth of field, smooth quantity, photography, shutter or focal length and become, and sell demand to make photography work accords with commerce, flow is controlled after the computer plot software that major uses via GETTY IMAGES employee after filming undertakes, make its more accord with commerce to sell demand. The photography work that the accused place uses is not its are achieved formerly, and the department picks from the network take use, ought to foreknow use this photography work to may involve copyright tort issue, the accused has to its without obtain legal use right to wait for case, the attention that all did not manage a person to goodness is compulsory, have fault. Small gain of the accused government has numerous vermicelli made from bean starch, make the public can choose decided time, place to win work of experience case photography in its individual. The accused uses copyright of Internet enroach on, tort cost is inferior, but damage consequence to have the harm sex that diffuses to not specific and most crowd at any time.
Accuser ever was given out to this hospital " copyright inquiry cases " , tell tort fact, ask to stop tort and recoup a loss, but both sides cannot reach unanimous opinion.
Prosecutor is special still in the indictment mention expressly, the accused adds up to enroach on accuser photographs 47 pieces work, accuser of relevant evidence already applies for attestation of authentic time jab to conserve, besides the work of 10 pieces of photography of this case lawsuit, accuser of 37 pieces of work preserves the rest litigant right, if both sides cannot adjust,other case sues processing.
The accused still thinks, oneself are a blame seeks profits the gender is public hospital, these pictures are used on Guan Wei, basically use at the Xuan Xuan of healthy knowledge to pass, belong to reasonable use. And number of hospital official small attention, read a quantity finite, did not cause actual loss.
Front courtyard careful ends, the court will organize the mediation after front courtyard according to bilateral apiration, whether reopen front yard needs after mediation won'ts do or adjudge inform separately.
