Teleplay " Dou Ting is good " after broadcasting, heat is discussed ceaseless. Among them, the Su Dajiang it may be said that Ni Dagong acts " fire gives a group " . Meanwhile, su Dajiang is derived article - expression wraps the photograph that be contended for by date of sale of advertisement of each big TV program, businessman, small gain to adapt. Expression wraps the backside that is played bad, came about the controversy of copyright...
Expression of △ Su Dajiang wraps fabricant Liu handsome to offer a plan
The copyright issue netizens that Su Dajiang expression wraps " noisy broke up "
Not long ago, "Author of bag of Su Dajiang expression does not feel distressed copyright " mounted hot search, cause an expression to wrap copyright discussion. To the copyright issue that expression includes, netizens " noisy broke up " . Somebody thinks, copyright belongs to author Liu handsome, this should be respected. Also someone says, expression wraps business to counterpoise with the effigies that encroached Ni Dagong. Return somebody to think, su Dajiang figure belongs to drama square.
Expression of △ Su Dajiang wraps fabricant Liu handsome to offer a plan
"I am really non-privileged say not to feel distressed copyright. " Liu handsome speak bluntly. To this, legal personage thinks, this may let her be in drama square there very passive, drama just can accuse her with this manner. Look in Liu Qian, it is a work of simple vermicelli made from bean starch originally, complicationed now.
Lawyer: Blame seek profits make, use expression bag is not belonged to violate copyright
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.
△ webpage cut pursues: Su Dajiang expression wraps transmit to exceed 20 thousand
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.
Business of star expression bag is used want discretion
In last few years, the business that includes about celebrity expression uses issue many. Before a few years, "Ge You lies " expression wraps be the rage. Later, ge You is encroached with effigies authority for, expressional bag producer IT limited company tells art dragon network court. Final, the court adjudicates the lawsuit that supported Ge You requests, instruct this to the website compensates for 75 thousand yuan and make an apology.
Last year, yang Chao jumps over expression to wrap also is red all over temporarily. Nevertheless, also the businessman is in below the circumstance without accredit, the effigies picture that use Yang Chao jumps over, undertake commerce acclaims behavior. To this, yang Chao jumps over broker company recreation also releases chirp statement, say to prohibit any businessmen, enterprise reachs a license without accredit, do sth without authorization uses Yang Chao to exceed individual figure, and bind use, fabricate relevant picture, video and the material such as civil case to undertake baleful commerce is acclaimed.
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.
