Cross bar a lamp is acted the role of the enterprise to the exhibition, guangzhou international exhibition was found, also from zhongshan a lighting enterprise, use of highly similar product brochure most pictures and the captions.

Then city.near the stars company (a pseudonym) the ancient town of Ming (a pseudonym) company and its operator earlier to court, claims 188000 yuan. On April 18, the second court of zhongshan city about the intellectual property disputes. Ming was sentenced to delete infringing images and compensate the economic loss and reasonable costs 17000 yuan.

Reason: the show "bump map", one light companies claim 188000

On 1 March 2015 solstice during 4, city.near the stars lighting company participated in the 2015 guangzhou international exhibition of intelligent advertising logo and LED. Period, the researchers found that the ancient town of Ming lighting company in the outdoor lamps and lanterns of the external publicity and distributing in the product manual, there are 36 images with stars company highly similar product brochure.

"Their pictures in the shooting Angle of the picture, color, proportion and its caption, and our company is fully consistent. But the picture is our company own or entrust a third party independent film and make up. When the company not only infringed the copyright, we of photography and severe damage to the economic benefits and advantages of our company market position." Stars lighting company then sued to the court, the requirement clearly and its earlier immediately stop the infringement, and compensation of 188000 yuan.

"Star company against all outdoor lamps and lanterns is not our product manual, can't prove is our printing; star company also have no evidence that they have copyright of these pictures, and images involved in photography is a kind of objective record, does not belong to the category of work." In court, the company and the operator clearly earlier also provides additional lighting factory copied picture album pictures as evidence.

Survey: court more than 30 images are the same photography

The court, the stars lighting company a lot of photos as evidence before the court. Star company provide agreement and transfer record confirmed that the star company commissioned XXL from August 2013 to 31 January 2014 for the company product pictures, making the product manual, paying 7000 yuan for the XXL to service charge.

Reviewed by comparison, the judge think clearly company outdoor lamps and lanterns is accused of infringement, which is used to product manuals 36 right with star company works, the works of both product placement, shooting Angle, light, etc are consistent, for the same photography. So, whether photography works protected by copyright law?

Court thinks, 36 is shooting stars company commissioned XXL according to the characteristics of the company's products, specially when shooting for the product put the position, Angle and the focal length, aperture and shutter exposure Settings and the proportion of light, shadow, such as shooting skills are personalized choices, original, so this 36 photos should belong to the copyright law in the sense of photography works, shall be protected by copyright law in our country are.

At the same time, the 36 photos published in the star company brochure printing products, and the stars of the production process and source statements made rationality, clearly companies and operators earlier provided no contrary evidence to overthrow the facts, so the court decided that the stars company enjoys copyright for the 36 pieces of photography works.

Verdict: tort fact, the defendant shall pay 17000

Although well the company does not recognize this fact, but all the information on the manual involved pointing clearly company, when company is the ultimate interests winner of this manual. So the court ruled that the outdoor lamps and lanterns is involved in the product manuals for all company obviously. Clearly the company without permission, without authorization, use the stars company involved in photography, and used for business promotion, violated the stars of the company's copyright of the photography.

Recently, the court considers type, the infringement of the images involved in the plot, factors such as quantity, consequences, and the stars company pay expenses such as for stop the infringement, sentence clearly and earlier immediately delete in the outdoor lamps and lanterns product manual images used in the infringement, and compensate the economic loss of 12000 yuan, and stop the reasonable expenses of RMB 5000 yuan.

Zhongshan people three court RuanChunLi second court judge pointed out that photography reflects the author's thoughts and feelings, and the cognition of the objective world, is a kind of in the form of language, symbols such as reflects the intellectual achievement, and to use the form of a certain, belongs to the category of the word, art and science, and also be protected by the copyright law in our country.

"With the popularity of computers and the Internet, all kinds of information, image communication is becoming more and more convenient, through the network transmission methods such as infringement of intellectual property rights cases is also increased year by year, the case is a typical case." Nguyen judge suggested that enterprises should actively develop their own core technology and create own brand, to avoid into the cycle of plagiarism, imitate others intellectual property rights.

Editor's note:

As the image of intellectual property rights is more and more attention, LED enterprises also need to pay attention.

Is understood to have a so-called image technology company, its image in China network coverage more than 9, search in baidu, intimate figure network most of the pictures to all the copyright for this company. The company will be collected through various shows company product propaganda picture album, publicity pictures of information on the display board, as well as the website, weibo, WeChat used on the company release free pictures as records and evidence of demand higher compensation costs.

Warm prompt the general LED enterprises, pay attention to the network free images trap, avoid be killed the next object.