He is a blind man who traveled around the world in 38 countries on 6 continents in 7 years with a blind cane; he is a traveler, and the documentary with him as the protagonist has received a warm response in the country; he is a human rights defender who discovered When his portrait and life story were used to raise funds privately, he resolutely took up legal weapons to safeguard his legitimate rights and interests in accordance with the law.
On the morning of April 12, a reporter from the Huashang Daily learned from Cao Shengkang, the protagonist of the documentary " Blind Walker ", that without his consent, three units including Changzhou Xinbei District Thought Plus Studio and Amity Foundation used his His portrait and experience were publicly solicited for donations. He has sued three companies to the court, and the court has accepted the case.
Photos of Cao Shengkang during his travels
html He accidentally became blind at the age of 58, became rich by running a massage parlor, but fell into a trough due to stock trading
Cao Shengkang's ancestral home is Huaibei, Anhui, and now lives in Guangdong.
"In March 1978, I was born in a farm family in Huaibei ." Cao Shengkang recalled that before the age of 8, he had a wonderful childhood and lofty ideals. "I didn't expect that when I was 8 years old, an accident completely changed my life."
In 1986, Cao Shengkang was in the third grade of elementary school. One day after school, on the way home, my friends were having fun pushing me and me. "While playing, I was pushed into the middle of the road by a classmate and unfortunately hit by a tractor. After several surgeries, my life was saved, but the optic nerves in my eyes atrophied and my eyes quickly lost their visual function."
After becoming blind, Cao Shengkang was unable to continue studying and was forced to drop out of school. In the first few years after returning home, his family wanted Cao Shengkang to learn fortune telling or play erhu so that he could support himself. "But fortune telling and playing erhu are not things I like to do, so I refused." Cao Shengkang said that in the first few years when he lost his sight, he was very confused and ran away from home several times, wasting a lot of time.
Later, Cao Shengkang came to Guizhou to learn from Miao medical practitioners and learned massage and massage. On the one hand, the master taught him step by step how to distinguish the meridians of the human body and more than 360 commonly used acupuncture points. On the other hand, Cao Shengkang studied hard and diligently studied. Whenever he had time, he figured it out on his own, actively practiced it, and quickly mastered the essentials of massage. Cao Shengkang still remembers that when he earned his first salary in a massage parlor in Guangzhou, he burst into tears with excitement.
Since then, relying on his superb massage skills, Cao Shengkang has opened four massage parlors in Beijing, with the scale getting bigger and bigger and the income getting higher and higher. During this period, he also participated in sports, such as sprinting, judo, etc. At the Provincial Paralympic Games, he won a bronze medal in the 200-meter run. Before joining the national team while practicing judo, he broke his ribs and left the field.
Cao Shengkang once dreamed of getting rich quickly. He invested all the money he earned from massages in the stock market. "I made a little profit at the beginning, and there were ups and downs in the middle. During the 2008 US financial crisis , the global stock market was hit hard. Not only did I not make a penny, but I also lost hundreds of thousands."
When I was most frustrated, I climbed up alone. Potala Palace was encouraged, and since then he worked hard and traveled around the country
In 2008, Cao Shengkang encountered Waterloo in the stock market, which made his life fall into a low point again.
"When I was most frustrated, I even thought about dying." Cao Shengkang recalled that after the stock market crash, his girlfriend left him and his career and life plummeted. Just when he was bored, a friend said that Lhasa, Tibet is the most beautiful place, where people can forget all the troubles of the world and truly feel what beauty is and what the unity of nature and man is. They suggested that he go to Tibet.
Thinking that for so many years, he had been fighting against fate and not really understanding what beauty was like, Cao Shengkang accepted his friend's suggestion and came to Lhasa alone. On the way to the Potala Palace, Cao Shengkang fell down and got up many times, overcoming difficulties that ordinary people could not imagine. In the end, he just relied on a blind stick and stood on the top of the Potala Palace.
"Strangers on the roadside gathered around and applauded me, saying that I was amazing. A blind man could climb such a high step alone without family or friends.When they said that, I suddenly realized: The world is so beautiful and life is so short, why should I struggle with myself? I have skills, and if I lose hundreds of thousands, I can come back; if my girlfriend is gone, I can find her again..."
Photos of Cao Shengkang during his trip
Cao Shengkang said that the moment he arrived at the Potala Palace, everything about him He thought about it all: life is the most beautiful. Although he is blind and cannot see the world, he can let the world see himself through his own efforts. "I want to appreciate the broader world through travel and let myself know." Life is more exciting and meaningful. "
After returning to Beijing, Cao Shengkang had a deeper understanding of life. "I work hard every day and spend two to three months traveling across the country every year. In 4 years, I traveled through 31 provinces, municipalities, and autonomous regions in the mainland with a blind cane, a pair of sunglasses, and a backpack. "
traveled around 38 countries on 6 continents with a blind stick, and made the documentary "Blind Walker" in 5 years.
With the first step, there is the second step. Starting in 2012, Cao Shengkang began to travel abroad alone with a backpack "I thought to myself, if I can't see the world, then let the world see me. "
Cao Shengkang's overseas trip started in Laos , and then went to Myanmar , Thailand and Vietnam . After setting out on the road alone, Cao Shengkang realized how difficult it was: 40 degrees Celsius high temperature, carrying a 20 kilogram backpack, and the road was bumpy. Not long after he set off, he missed his footing and fell into a pit on the roadside. Fortunately, there was no water in the pit, and he was only scratched on his arm. "I was very anxious at the time and didn't know where the road was. In the end, I relied on the car engine. He judged where the road was by the sound of his voice, and used his hands and feet to crawl out of the pit two or three meters high.
Photos of Cao Shengkang during his trip
There were dangers and setbacks on the journey, but also help from enthusiastic people. Cao Shengkang said that during his travels around the world, many enthusiastic people extended a helping hand to him: some invited him to dinner, some Some people helped him call a taxi, and some helped him apply for a visa... His way of thanking the kindhearted people for their help was to squeeze their cervical vertebrae and shoulders. "Even if it only takes a few minutes, the other person is very happy," he said. Take a photo with me. "
" While traveling around the world, I can only speak three English words: 'YES', 'NO' and 'OK'. "Cao Shengkang said that there was a language barrier during the journey. When he was hungry, he would use his fingers to gesture with chopsticks, making a gesture of picking food into his mouth; when he was thirsty, he would take out the empty water cup he carried with him and gesture with his hands to drink water. When he wanted to go to the toilet, he could only unbutton his pants in embarrassment... No matter how bumpy the journey was, Cao Shengkang said that he had to finish the journey from Southeast Asia on his knees. After returning from Shiguo, many media reported on Cao Shengkang's deeds, and he suddenly became a celebrity. At that time, director Han Yi contacted Cao Shengkang and said he wanted to make a documentary to use his story and spirit to inspire more people with disabilities. Friends, Cao Shengkang agreed.
In the second half of 2012, Director Han Yi and her team began filming Cao Shengkang’s travels around the world. After five years of filming, the documentary "The Blind Walker" was completed in September and October of 2017. In June 2018, "The Blind Walker" was released during the Shanghai International Film Festival , and received an enthusiastic response.
During this period, at around 6 a.m. on October 5, 2016, Cao Shengkang climbed the highest peak in Africa - 5892 meters above sea level. Kilimanjaro .
"From 2012 to 2019, I traveled to 38 countries on six continents. "On April 12, 2022, Cao Shengkang told a reporter from the Chinese Business Daily that in the past three years, due to the epidemic, his dream of traveling around the world had to be stopped. When the epidemic is over, he will continue his dream.
learned that someone used it privately He used his portrait and experience to raise funds, and he sued three organizations to the court
"Without my consent, three organizations including Changzhou Xinbei District Thought Plus Studio and Amity Foundation used my portrait and experience to make public Fundraising has seriously infringed on my rights. I have sued the three companies suspected of infringement to the court, and the court has accepted the case."
Cao Shengde told a reporter from the Chinese Business News that after the documentary "Blind Walker" was released, he learned that three units including Changzhou Xinbei District Thought Plus Studio and Amity Foundation used his portrait and personal experience to publicly conduct fundraising activities on relevant platforms. By the end of the event, a total of more than 100,000 yuan in charity funds had been raised, of which more than 50,000 yuan had been spent.
On April 12, 2022, a reporter from the Chinese Business Daily saw on the relevant platform that the publication date was May 19, 2017, titled. "With 4,000 yuan in his pocket and no understanding of foreign languages, this blind man traveled through Southeast Asia in 24 days and climbed to Kilimanjaro!" In addition to using several photos of Cao Shengkang, he also introduced Cao Shengkang's personality in more detail! Deeds. The article contains the words "I want to donate" and "Donate 10 yuan to let the documentary recording Cao Shengkang's story shine and inspire those who are moving forward in the darkness." Click "I want to donate" and you will enter another article "Imperfect." "Wonderful". The article stated that the donation event has ended. A total of 2,183 people donated to this event. The platform raised a total of 107,439.07 yuan. The project recipient is the Amity Foundation, and the executive agency is Changzhou Xinbei District Thought Plus Studio.
The project expenditure details stated that in June 2018 and May 2019, the project party organized several people to watch the documentary "Blind Walker" in Shanghai, Changzhou, and Nanjing, spending more than 50,000 yuan
" Fundraising Organizer. It was also stated at the event that anyone who donated more than 1,000 yuan could get my signed photos and calligraphy works. However, no one told me about this. I think this is a malicious fraud on the donors. "
Cao Shengkang said that he heard about the matter during the broadcast of the documentary in 2018 and contacted the relevant departments. "The other party said that they thought the crew had communicated with me about the matter in advance. I said that no one informed me. I'm very angry about this. The other party apologized to me at that time. I said that this was not an apology and that I would defend my rights in accordance with the law. "
Cao Shengkang said that because the other party's infringements have always existed, in March this year, he entrusted Ouyang Ting, a lawyer from Guangdong Junhe Zhengtong Law Firm, as his agent to officially transfer the Changzhou Xinbei District Thought Plus Studio, Aide The foundation and three other entities sued the People's Court of Wujiang District, Shaoguan City, Guangdong Province, and the court accepted the complaint.
In the complaint, Cao Shengkang requested the court to order the three defendants to stop the infringement and delete the pictures containing his portrait published by the relevant platforms; For 15 consecutive days, nationally distributed newspapers and official website homepages published letters of apology that had been reviewed by the court; the three defendants jointly returned all the donations made by the donors; the three defendants paid him mental damage consolation .1 million yuan...
"I believe the court will Trials should be conducted objectively and fairly in accordance with the law, allowing the weak to have a greater sense of gain and security. "Cao Shengkang said that although the fundraiser used charity money to organize audiences to watch his documentary, he had no knowledge of the matter and did not authorize relevant departments to use his portrait and experience to raise funds. He has the right to protect his legitimate rights and interests through legal weapons. .
The fundraiser involved: I am innocent and I hope things will develop in a good direction.
The fundraiser used Cao Shengkang’s portrait and experience to raise funds. Is it authorized by the person involved?
html On the morning of April 12, a reporter from China Business News contacted Relevant personnel from the Amity Foundation and the Changzhou Xinbei District Thought Plus Studio said that he did not know about Mr. Cao’s lawsuit against Foundation and needed to report and understand it to the relevant leaders, etc. He responded to reporters after understanding the situation. html On the afternoon of April 13, relevant personnel from the Amity Foundation responded to a reporter from the Chinese Business Daily, saying that they had received a court summons and were currently going through the process. "Except for the project information published online, it is not convenient to disclose other information at the moment. , hope you understand. "On the morning of April 12, a relevant person from the Thought Plus Studio in Xinbei District, Changzhou City told a reporter from the Chinese Business Daily that she did not know about Mr. Cao's lawsuit against the studio and that the studio had not received a summons from the court. "But I heard that the Amity Fund We have received a notice from the court and they have reported this matter to us. We have communicated with the Amity Foundation about this matter and will see how to respond."
A relevant person from the Thought Plus Studio in Xinbei District, Changzhou City said that the studio for the fundraising project has no direct contact with Mr. Cao. "We contacted the producer of the documentary "Blind Walker" with a public welfare heart. , a fundraising event organized with the purpose of promoting Mr. Cao and this documentary, and all the funds raised were used to promote the documentary. What we learned is that Mr. Cao later had conflicts with the documentary producers, which implicated us. "
The staff member said that Mr. Cao had not communicated or negotiated with them before suing the studio. "We are willing to cooperate with the Amity Foundation to resolve this matter and hope that this matter will have a good outcome. "
Regarding Cao Shengkang's statement that "Thought Plus Studio in Xinbei District, Changzhou City had verbally apologized to him before," the staff member said that he had indeed contacted Mr. Cao before and had indeed apologized to Mr. Cao." Mr. Cao told After we reported the matter, we learned that he had a conflict with the documentary producer. We definitely apologized and hoped that the matter would develop in a good direction, but Mr. Cao did not contact us again. " She said that after learning about the dispute, they suspended the use of raised funds. "As far as we know, Mr. Cao has authorized the documentary producer for portraits and publicity, and we do not want to get involved in related conflicts and disputes. go. "
" We are quite aggrieved when this happened, and we hope that this matter will develop in a good direction. "The staff member of the Thought Plus Studio in Xinbei District, Changzhou City said that the current phenomenon was not their original intention. She hopes that all parties can actively communicate and coordinate on this matter and ultimately achieve a result that everyone can accept. If Mr. Cao insists To solve the problem through litigation, everything should be handled according to legal procedures.
Lawyer said: Using his or her portrait for public welfare without the consent of the right holder still constitutes infringement.
What are the requirements for infringement of portrait rights, and how is the statute of limitations for filing a lawsuit without the consent of others? , is it an infringement to use someone else's portrait for public welfare? After discovering that his or her portrait has been infringed, how can the client protect his rights according to law?
Lawyer Fu Jian from Henan Yulong Law Firm believes that the prerequisite for infringement of portrait rights is that the owner of the portrait rights has not obtained the copyright. Allowed, and then committed an act of infringing the portrait rights of others. my country's " Civil Code " stipulates that no organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge; without portrait rights. The person agrees that the likeness of the right holder shall not be produced, used or disclosed.
Fu Jian pointed out that the statute of limitations for infringement of the right of portrait is 3 years, and the statute of limitations shall be calculated from the date when the right holder knew or should have known that the right of portrait was infringed.
Jian emphasized that using his or her portrait for public welfare purposes without the consent of the right holder still constitutes an infringement. After the promulgation of the Civil Code, the lack of consent of the right holder and for profit are no longer the constitutive elements of infringement of portrait rights. Protection of portrait rights holders. Unauthorized use of other people’s portraits, whether for profit or not, can be regarded as an infringement of other people’s portrait rights.
Fu Jian reminds the parties that after discovering that their portrait has been infringed, they need to contact the infringer as soon as possible to request it. Stop the infringement, apologize, and compensate for the losses. If the infringer ignores it, the party can file a lawsuit in court and request the court to force the infringer to stop the infringement, eliminate the impact, restore his reputation, apologize, and compensate for the losses.
China Business News reporter Chen Youmou editor. Yang Dehe
(If you have any news, please call the Chinese Business Daily news hotline 029-88880000)
