Teleplay " Dou Ting is good " brush screen
Bag of Su Dajiang expression also fire
Nevertheless, does expression of use Su Dajiang wrap meeting tort?
"Su Dajiang " expressional bag copyright cites dispute
"This thing cannot blame me " , " I do not eat me not to drink me to want money " , " I want to drink a hand to grind coffee " ...
In occupying, new network reports, recently, teleplay " Dou Ting is good " brush screen, liu Qian creates bag of Su Dajiang expression also fire.
Webpage cut pursues: Su Dajiang expression wraps transmit to exceed 20 thousand
Meanwhile, sale date contends for advertisement of each big TV program, businessman, small gain to be adapted, expression wraps Su Dajiang by " play bad " , cause an expression to wrap copyright discussion.
And after going up to heat up search, about the copyright issue that Su Dajiang expression includes, netizens also " noisy broke up " . Somebody thinks, liu Qian's copyright should be respected. Someone says, expression wraps business to counterpoise with the effigies that encroached Ni Dagong. Also somebody thinks, su Dajiang figure belongs to drama square.
Interview in media in, she expresses, oneself did not make money.
tripartite lawyer: Who does Su Dajiang expression wrap copyright to belong to?
So, does Liu Qian create Su Dajiang expression to wrap tort? Does expression wrap Su Dajiang after all how is attributive authority divisional? By tort who is after all?
To this, the reporter sought advice from Jin Cheng to amount to attorney office together profession of law of senior partner, recreation is senior lawyer Chen Xi.
Chen Xi's lawyer says, if him author did not obtain expression to include income paying fee, it is only " for individual study, research or appreciation, the work that use other has published " , belong to reasonable use, do not need to be asked for so that copyright person agrees, also need not pay reward.
Think commonly so, expression wraps an author to be a hobby only, make and do not use bag of this kind of expression in order to seek profits for the purpose, do not belong to violate copyright. If want to seek legal duty really, the businessmen that relevant right just ought to use to commerce to lodge a complaint.
And what caricature expression bag of Su Dajiang has fixed rate is Promethean, also reflected an author to be designed in conception, accept or reject with combination show originality, accordingly, liu Qian is the copyright person of its work undoubtedly, this cartoon work also ought to get " copyright law " protection.
But need is notable is, liu Qian is when the expressional bag of the Su Dajiang that make, used the image of the element of drama of movie and TV and Ni Dagong. So, according to our country " copyright law " and " civil code general principles " relevant provision, bag of Su Dajiang expression still involves at least rear additional either rights and interests: The effigies with actor bright red Ni counterpoises, and teleplay " Dou Ting is good " production square intellectual property.
Accordingly, if expressional bag is commercialized,use, still need to make right person via getting origianl work (" Dou Ting is good " production square) and him Ni Dagong accredit agrees to just can be in advertisement article table or derive in tasting, use.
And below the condition that does not mind copyright in expressional bag him author, use act for the purpose with commerce without accredit, the effigies authority that is regarded as the likelihood to encroach him Ni Dagong and " Dou Ting is good " production closes right increase just.
Chen Xi's lawyer says, the effigies authority of actor has person quality, belong to exclusive character counterpoises, effigies authority Gui Ni of Su Dajiang is bright red and all. But in practice, the play staff is being signed with the actor " the actor recruits a contract " when metropolis agreement, production of drama of movie and TV just can use actor figure commonly, undertake the conduct propaganda of drama of movie and TV is used with promotion is opposite.
And if drama just hopes work of movie and TV medium individual figure is made,become Q edition figure, make derive taste or in embedded businessman advertisement, production of drama of movie and TV still just needs additional obtain authorization from actor place.
Teleplay " Dou Ting is good " after the end, liu Qian draws Su Dajiang no longer, she thinks much picture nods his expression. If have " is Dou Ting good 2 " if can be you still drawn? She expresses, meeting and drama just discuss.
Abuse true person " expression is wrapped " be careful tort
Those who need an attention is, bag of true person expression cannot be used casually! For instance, girl of Yao Ming face, big barren, Ge You lies etc.
Before this, company of art dragon network is released contain " Ge You lies " the small gain of the picture, ge You thinks this behavior encroached its effigies to counterpoise, tell company of art dragon network to the court, ask its make an apology and give compensation.
Court of first instance supported what arrowroot actors or actress to appeal to beg, this company refuses to obey, appeal reachs Beijing one quadrangle. 2 careful maintain original judgement.
According to Beijing daily, if make and do not use bag of true person expression in order to seek profits for the purpose, need to assure only reasonable use, the reputation that does not encroach actual figure counterpoises can. And once be a purpose in order to seek profits, need those who seek effigies right person, copyright person to agree, will form tort otherwise.
Specific and character, divide the following kinds of cases:
Bag of expression of make free with does conduct propaganda to be able to violate effigies right
Basis " general rule of civil code of People's Republic of China " the 100th regulation, the citizen enjoys effigies right, agree without oneself, must not use the citizen's image in order to seek profits for the purpose. This law made clear two element that violate effigies right, it is without effigies right person agrees, 2 be it is a purpose in order to seek profits. Accordingly, if make,mix use bag of true person expression to be used at seeking profits, agree without effigies right person again, for instance businessman do sth without authorization wraps expression the conduct propaganda that is used at commodity, form undoubtedly violate effigies right.
Date of a lot of small letter public are at present much also deserve to have package of true person expression in the article, in order to increase the appeal of content. If public date passes the advertisement of the article or enlightened discharge advocate wait for means to earn profit, also belong to seek profits behavior, without effigies right person agrees, form what counterpoise to effigies to encroach likewise.
If the netizen is in,make by oneself in friend circle, use bag of true person expression, seek profits because of lacking purpose, do not form violate effigies right.
Bag of cut chart affection may violate copyright
There is a kind in expressional bag is extract of video of purpose of section of work of movie and TV, put together art or check scheme, give priority to body in order to star normally, "Ge You lies " it is among them delegate.
Program of work of movie and TV, put together art suffers " copyright of People's Republic of China law " protection, its fabricant and performer enjoy copyright lawfully, agree without copyright person, do not allow to duplicate, issue, performance, show etc.
Accordingly, the extract of program of work of use movie and TV of do sth without authorization, put together art and check scheme make expression wrap, will form at the same time just mix to making of actor copyright encroach.
But if be " for individual study, research or appreciation, the work that use other has published " , belong to reasonable use, do not need to be asked for so that copyright person agrees, also need not pay reward. Think to common netizen is not made for the purpose with seeking profits and use bag of this kind of expression commonly so, do not belong to violate copyright.
Evil do expressional bag to still can violate reputation right
Do not be a purpose in order to seek profits, whether can be you made at will and to whether can be you made at will and use true person expression to wrap? Actually otherwise.
Major expressional bag goal is recreation, nature is little not evil the element that make, but this kind evil do should restrict inside reasonable and lawful limits. Basis " top people court is carried out about carrying out < civil code general rule > the opinion of a certain number of problems (modification draft) " medium regulation, in order to insult baleful perhaps defamed form uses other image, can hold the action that counterpoises to encroach reputation.
Accordingly, the written language that if make tabulation love,uses when the bag and match a graph to contain abuse, debase true everybody case to wait for a word, figure of true person of twist of beyond the mark perhaps hyperbole, to its ill will is defamed, belong to violate reputation authority act, the agree carries civil liability to pay compensation. Of the popularity a few years ago " small fat " expressional bag, put in a few will small fat bodies and female body union, or deserve to have the state such as yellow, low content, already formed right " small fat " reputation counterpoises encroach.
Be in numerous in bag of true person expression, still a kind of form is familiar with by everybody, be about to the expressional parcel that true person figure becomes with the formal emersion of brushwork or caricature, for instance Yao Ming face or the Fu Yuanhui that move free edition. Although law did not stipulate this kind of behavior forms tort clearly, but think normally, if be reached by cartoon figure,match the element whole such as the word to judge expression to wrap a character to have apparent can identify a gender, point to some clearly actual figure, also can form violate effigies right. Accuse in Zhao Benshan some company encroachs Hainan effigies authority issue in one case, two careful court is because of this, the cartoon figure of cognizance experience case makes the inroad that to Zhao Benshan effigies counterpoises, some company assumes Hainan of final court decision liability to pay compensation.
Use expression bag notices these even " red line "
relatively the moral bottom line that includes faintness at expression, rule of relevant law plan formed expression to include the red line of the impassable in transmitting a process.
"Learn to grow in study abroad group li of measure problem that has reminded expressional bag technically. Have children like memory of mobile phone be goinged to by foreign customs inspection kind the expressional bag of subject matter, severe case, may be regarded as to love child addiction compulsive repatriate. " Gao Yuxiang says.
Film " 22 " when showing, appear on the net a group with intercept " comfort install Fu " the expression using a figure that old person head portrait makes for the foundation, cause social community intense indignation.
The expression that releases according to the netizen includes cut plan, many old person in newsreel is given by cut close-up, match catchword of online sth resembling a net.
Shanghai public security bureau is subsequently yellow riverside substation basis " safety of net of couplet of international of computer information network protects administrative measure " concerned regulation, to this expression bag the company that make is in with RMB of warning, amerce 15 thousand yuan, be in stop couplet network, stop machine the administrative punishment that rectifies two months.
Research center of law of Internet of university of the Chinese Academy of Social Sciences carries out director Liu Xiaochun to think, expression wraps transmission to just differ, assumed legal responsibility also differs.
Square to making and character, if expressional bag of production violated public interest, disobey " administrative measure " regulation, answer to accept corresponding punishment by clue weight.
To network platform, the agree is carried investigate duty.
To the netizen, the transmission that is like the person that use caused abominable effect, the social consequence that can cause according to its accepts corresponding punishment.
Should you clear next expressional bags?
