A few days ago, involve Chinese shift to publicize together piece result of first instance of tort issue desk is open, company of Chinese mobile group (next weighing " Chinese mobile company " ) two conduct propaganda piece because of limited company of medium of as faddish as Beijing rich accept culture (next weighing " rich accept is faddish company " ) two plays that enjoy copyright make materiality likeness, tort be cognizanced holds water. According to first instance court decision, chinese mobile company needs to compensate for rich accept faddish company 30 thousand yuan.
On June 25, the third of ginger of client chief inspector of faddish company starts rich offer Xiang Na the reporter expresses, the amount of claim for compensation when the company is sued is 1 million yuan, the amount sentencing compensate of first instance is too small, they will mention appeal. The acting lawyer Sun Liqing of Chinese mobile company also expresses to will continue to appeal.
Oral agreement pats conduct propaganda piece, the accused after collaboration is stopped says the play is borroweded
2016, the subsidiary Mi cluck of Chinese mobile company inspects limited company of message science and technology (next weighing " Mi cluck company " ) found rich offer faddish company films conduct propaganda piece. Both sides was reached oral entrust a contract, agree by rich accept faddish company makes propagandist video according to the requirement of Mi cluck company.
When faddish company is sueing rich accept, express, they threw much labor power and financial capacity in the time of 3 months, include to invite a director to write a script, collect material, on-the-spot film the photograph. After waiting for picture of play manuscript, material, print company of cluck of material consign Mi when its, mi cluck company did not pay reward, and home remedy is stopped entrust. In addition, mi cluck company still entrusted someone else separately, wait with picture of the originality of accuser and made play draft, material for the foundation, made new propagandist video.
Argue of Chinese mobile company says, what is the specific content of picture of the play manuscript that accuser proves to its hold the right without quote, material, print, and whether is the right of accuser consign material enjoyed for its.
Chinese mobile company shows, the video of 3 experience case that its use in date of small letter public, it is by Mi cluck company entrusts tripartite to make a group in fact finish, do not have any correlation with accuser. The accused does not agree with the standard of pecuniary loss basis of accuser, nonexistent also any piracy, borrowed wait for tort behavior.
3 people participate in a play to create, after the director stops to cooperate with accuser, be moved to recruit by China
October 2016, liao Mou is in the originality chief inspector that faddish company recruits rich accept " Chinese mobile advertisement piece project " small letter group in released early or late " first frame of anxiety child story " with the initiative play that inscribes together. Later, the playwrite Wu Mou of faddish company adjusts rich pay the play undertook modification, and with will be in November group in shared " first aside of anxiety child story is designed " . Be based on afore-mentioned content, the director Wang Mou that faddish company invites rich accept undertook adjustment to afore-mentioned content, the play that formed " boast yielding love changes the world 1028 " .
By November 2016, director Wang Mou no longer as faddish as rich accept company cooperates. Later, wang Mou is recruited by Chinese mobile company, filmed be appealed to video " your conveniently transmit, OK perhaps deliverance a congenital sick children " .
Faddish company represents rich offer, its approve a play " boast yielding love changes the world 1028 " create by director Wang Mou, but this play is by its Liao Mou of originality chief inspector is put forward to conceive at first, playwrite Wu Mou undertook perfecting to the play again and complemented aside, this ability formed final play. Faddish company holds rich offer at the same time, its enjoy the copyright of this play.
On June 25, south the reporter is in know from both sides of this case former defendant, they will continue to appeal. China's mobile acting lawyer Sun Liqing expresses, a:appellant reason of the accused cannot disclose temporarily. The petition for appeal of faddish company shows rich pay, the company already reduced amount of claim for compensation reach 500 thousand yuan.
First instance maintains two conduct propaganda piece form tort
In cognizance, the conduct propaganda that the court judges 3 tort be appealinged to through comparative analysis piece whether be suspected of borroweding the play of accuser.
The court thinks Liao Mou, Wu Mou and Wang Mou are in " first anxiety child story " in the creation process of the play, exist to be created jointly, and gave the intellective work of creativity to form of the idea of the play, expression, 3 average per capita are the author of this play. Accordingly, director Wang Mou has authority exercise to divide transfer the other right beyond. As a result of video be appealinged to " your conveniently transmit, OK perhaps deliverance first anxiety children " it is the accused after the play that finishs to creation in Wang Mou undertakes modification, hand in film by Wang Mou finish, the court maintains the accused to use accordingly " first anxiety child story " the permission that the play received Wang Mou.
Accordingly, the court did not support rich offer faddish company is based on a play " first anxiety child story " the litigant request that put forward.
Be aimed at additionally two video be appealinged to, the court is opposite through comparing analysis, hold video be appealinged to and rich offer additionally two plays of faddish company are in the respect existence materiality such as clue of main character setting, story is similar, the modification right that violated accuser to be enjoyed to additionally two plays, duplicate implement, produce a film counterpoises.
Final, mobile company of China of court decision of forensic first instance deletes his after adjudicating become effective the video on date of small letter public " this video looks cry on 10 thousand people... " , " live in all one's life in the remote mountains of remote border land, she has a desire only " , and to rich accept faddish company compensates for pecuniary loss and reasonable defray in all 30 thousand yuan.
Interview and write: South reporter Qin Chuqiao
