号0号 is a classic cartoon of
in the hearts of many post-80s and post-90s.
sings "Gourd Baby, Garud Baby,
Seven flowers on a vine..."
can touch everyone's beautiful memories of childhood.
Time has changed,
80 and 1990 have become
"child's father, child's mother".
The gourd kids in childhood memories
After saving grandpa,
was not idle either.
acted in a TV series,
makes a speech for the game...
popped up every moment,
stayed by our side in the form of a hot search.
(The editor hand-drawn concept picture of "7 gourd babies")
Merchants who use gourd babies to play the emotional card
have bet right time and time again.
30 years of Huluwa IP,
lingering collective memory.
However, if you are not careful, your behavior may be suspected of infringing on the rights of the producer of
"Culhuwa".
On September 4, 2015, a Guangxi Internet company published on the company's WeChat public account "Marrying 1 Guangxi woman is equivalent to marrying 7 gourd babies! Do you guys agree? 》 article.
The article says that Guangxi women "are the big kid when they beat their husbands, a second kid when they gossip, and a third kid when they go shopping..." and so on. In order to express their meaning vividly, the article uses the images of 7 gourd babies as accompanying pictures. This article has been widely circulated in WeChat Moments because of its relaxed and lively texts and pictures.
(To avoid infringement, no pictures are placed here)
is passed around. At the beginning of this year, the article was seen by relevant staff of Shanghai Art Film Studio. Shanghai Art Film Studio believes that an Internet company in Guangxi used the "Culhuwa" image without authorization in its WeChat public account, infringing on the copyright of the factory's "Culhuwa" character styling art works. A network company in Guangxi was sued to the Qingxiu District Court of Nanning City, demanding that the company stop infringement, apologize, and compensate for losses.
In order to prove its claim, Shanghai Art Film Studio submitted evidence on the factory's copyright to the "Cauliwa"-shaped art works, the infringement facts, the content of the article involved in the case and the reasonable fees paid for it.
Qingxiu District Court organized the mediation between the two parties and explained the relevant laws and regulations such as the identification of copyright owners, the determination of copyright content and the determination of compensation standards. At this time, a network company in Guangxi also realized that the company's unintentional actions may have indeed infringed. After negotiation, the two parties finally reached a mediation agreement, and a network company in Guangxi compensated the Shanghai Art Film Studio for economic losses and reasonable expenses for rights protection, totaling 16,000 yuan.
In recent years, there have been many lawsuits surrounding the domestic IP "Culhuwa". Article 10 of the " Copyright Law " stipulates: "The right to adapt is to change the work and create original new works." The adapted new works (derived works) enjoy copyright by the adapter, but the copyright of the original works shall not be infringed upon the exercise of copyright.
Behind the lawsuit against Huluwa,
is the awakening of domestic copyright awareness.
Although some people questioned the "over-protecting rights" of Shanghai American Film Academy,
, it is undeniable that
As the Internet environment continues to improve, the trend of
knowledge payment has emerged, and the copyright awareness of the people has begun to awaken.
We are increasingly aware of respecting the achievements of wisdom, and
is willing to pay for knowledge.
Judge reminds
to read WeChat Moments every day and read articles pushed by WeChat official accounts have gradually become everyone's reading habits. In order to attract more traffic clicks, many public account operators often post articles with pictures and texts and vivid images. As a result, the infringement of the copyright of others, especially the copyright of art and photography works, often occurs. The judge reminded that WeChat Moments is not illegal, and if you are not careful, you may infringe on .
In real life, many people will keep interesting and beautiful online pictures at will, including photography photos, animation art works, etc.Some pictures are often not known from the source or the author, and they are uploaded at will when they are posted on WeChat Moments.
, but this move may trigger the risk of copyright infringement. Because the Copyright Law stipulates that anyone who disseminates his works on the Internet without permission from the copyright owner constitutes infringement. In addition, some self-media are different from traditional media. When publishing articles, they often lack pre-regulation and even plagiarize traditional media articles. Some corporate official accounts and randomly complain about them online may also infringe on others' reputation rights.
News highlights
April 25, Guangxi held a copyright work press conference. The meeting announced the top ten typical cases of copyright protection in Guangxi in 2017 . ↓↓
1. Nanning City’s “Pipi Novel Network” copyright infringement case. This case is a case listed for , , and has been listed by the National Copyright Administration as one of the 20 typical online infringement and piracy cases in the country in the "Sword Net 2017" special operation. During the operation of the "Pipi Novel Network", the illegal actors Chen Moumou, Wei Moumou and Qin Mou illegally copied and distributed as many as 41,000 literary works enjoyed by others, with the amount involved in the case reaching more than 3 million yuan. The three people were sentenced to copyright infringement by the People's Court of Xixiangtang District, Nanning City, and sentenced to fixed-term imprisonment ranging from one year to six months to three years, and fined between 5,000 yuan and 50,000 yuan.
2. Nanning City’s “Weipan.com” copyright infringement case. This case is a case supervised by the National Copyright Administration. Nanning Bodaquanxun Technology Co., Ltd. operates "Weipan.com" and disseminates many music works to the public through the network disk without the permission of the copyright owner. Nanning Municipal Bureau of Culture, Press, Publication, Radio, Film and Television imposed an administrative penalty of for 30,000 yuan.
3. Hechi City "Aiyaya Film and Television Network" copyright infringement case. During Li Moumou's personal website "Aiyaya Film and Television Network", he illegally spread infringing and pirated film and television works and TV programs through the Internet without the authorization of the copyright owner. The Hechi Municipal Bureau of Culture, Radio, Film, Television, Press, Publication and Sports imposed an administrative penalty of 10,000 yuan.
4. Guilin City Qixing District Xinxin Wenyinxuan copyright infringement case. Huang runs a typing and copying store. Without the permission of the copyright owner, he copied 92 university textbooks and 1,580 textbooks for sale to students. Guilin Municipal Bureau of Culture, Press, Publication, Radio, Film and Television imposed an administrative penalty of 3,000 yuan on him.
5. Guilin City Yanshan District Jacky Cheung Printing Studio Copyright Infringement Case. Yan Moumou runs a typing and copying store, and without permission, he copied 57 university textbooks for sale to students. Guilin Municipal Bureau of Culture, Press, Publication, Radio, Film and Television imposed an administrative penalty of 3,000 yuan on him.
6. The case of copyright infringement by Wang Moumou, Hepu County, Beihai City. Without the permission of the recording and video producer, Wang copied, distributed, and spread the recordings and videos produced by others to the public through the information network. The Hepu County Cultural Market Comprehensive Law Enforcement Brigade imposed an administrative penalty of confiscating 500 CDs and fined 3,000 yuan.
7. Guilin City Quanzhou County Taotao Daily necessities Department Wholesale Department of Copyright infringement. Xie Moumou operates the daily necessities wholesale department, uses graphic works that infringe others' copyrights on the outer packaging of the goods, and sells the goods to make profits. Quanzhou County Culture, Press, Publication, Radio, Television and Sports Bureau imposed an administrative penalty of 2,976 yuan on him for confiscating infringing works and illegal business income of 2,976 yuan, and imposed an administrative penalty of 2,000 yuan.
8. Copyright infringement case of Boya Cultural and Printing Department, Yanshan District, Guilin City. Qin runs a typing and copying store, and without permission from the copyright owner, he copied 29 university textbooks for sale to students. Guilin Municipal Bureau of Culture, Press, Publication, Radio, Film and Television imposed an administrative penalty of 2,000 yuan on him for confiscating infringing copies and storing electronic versions of textbooks.
9. Copyright infringement case of Youyouwen Printing Store in Qixing District, Guilin City. Ouyang runs a typing and copying store. Without the permission of the copyright owner, he copied 24 university textbooks and 180 textbooks for sale to students. Guilin Municipal Bureau of Culture, Press, Publication, Radio, Film and Television imposed an administrative penalty of 2,000 yuan on him for confiscating infringing copies and storing electronic versions of textbooks.
10. Copyright infringement case of Yuantong Audio and Video Store in Quanzhou County, Guilin City.Wang Moumou runs an audio-visual store and sells infringing and pirated audio-visual products. Quanzhou County Culture, Press, Publication, Radio, Television and Sports Bureau imposed an administrative penalty of 800 yuan on him for confiscating 200 infringing audio-visual discs.
(Source: Guangxi News Network Comprehensive, Contemporary Life News)
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