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Supreme Law issued 2016 ten largest 10 cases of intellectual property rights of the "big son" copyright dispute case

2017-4-26 23:10| Announcer: admin

Hangzhou Big Head Son Cultural Development Co., Ltd. and CCTV Animation Co., Ltd. infringement of copyright dispute appeal case[Hangzhou Intermediate People's Court of Zhejiang Province (2015) Zhejiang-Hangzhou Knowledge Article 356 Civil Judgment]

 

Case Summary:In 1994, the cartoon "big head son little father" (1995 edition, hereinafter referred to as 95 version of cartoon) director Cui Shiyu and others to Liu Ze Dai home, commissioned for the upcoming 95 version of the animated characters. Liu Ze Dai on the spot with a pencil outline of the "big head son", "little head father", "apron mother" three characters front view, and the draft to Cui Shiyu. At that time the two sides did not have a written agreement on the copyright of the work. Cui Shiyu brought back the draft, the 95 version of the cartoon art creation team in Liu Zetai creation of the concept of character design based on the further design and re-creation, and ultimately made into a cartoon standard shape of the three main characters "Big head son", "little head father", "apron mother" standard design and after the transfer picture, the proportion of plans and so on. Liu Ze Dai no longer involved in the creation. Liu Ze Dai creation of the draft due to age and unit changes, the parties can not provide. 95 version of the animated film by the Central Television and Oriental TV co-production, broadcast in 1995, in its post ending list of cast and crew said: "character design: Liu Ze Dai." December 14, 2012, Liu Zedai will own creation of the "big son", "little head father", "apron mother" three works of copyright transfer to Hong Liang, March 10, 2014, Hong Liang will transfer the copyright to Hangzhou Big head son Culture Development Co., Ltd. (hereinafter referred to as the bulk of the son of cultural companies). In 2013, CCTV Animation Co., Ltd. (hereinafter referred to as CCTV animation company) produced a cartoon "new big head son small father" (hereinafter referred to as 2013 version of cartoon) and in CCTV, local television, CCTV online to play. Big head son culture company that CCTV animation company without the permission of the copyright owner and did not pay the case, the use of the works of art as a new image of the image, made into cartoons and other acts infringed its copyright, Animation company to stop infringement, report apology, to eliminate the impact, and compensation for economic losses and reasonable costs. Hangzhou Binjiang District People 's Court that Liu Ze Dai as a trustee of his creation of three works of art to enjoy complete copyright. The bulk of the son of the cultural company has been transferred to the work of the above works in addition to personal rights outside the copyright. CCTV animation company without permission, in the 2013 version of cartoons and related exhibitions, publicity to adapt to the use of relevant works and profit behavior, violated the bulk of the son of the cultural company's copyright, should bear the corresponding tort liability. In view of the actual situation of the case, the hospital that should be to improve the amount of compensation as a way to stop the infringement of the alternative, the decision of each of the characters of CCTV animation company compensation of 400,000 yuan. Hangzhou Intermediate People 's Court to maintain the first instance verdict. Zhejiang Higher People's Court also rejected the CCTV animation company's request for retrial.

 

Typical meaning:This case involves the animation character image rights attribution and follow-up caused by the dispute. With the people of the excellent domestic cartoon value of the deepening understanding, in recent years triggered a lot of similar controversy. In this case, because at the beginning of creation, investment in the studio, television stations, as well as the creative staff involved in modeling, the parties have no clear understanding of their rights and obligations and a clear agreement, the court needs after many years, The application of legal rules, reasonable and legally determine their rights attribution, the handling of this case has a certain role in guiding similar issues. At the same time, the case under the premise of the establishment of infringement, taking into account the creative background and the actual situation of the case, in the balance of the original author, follow-up works and the public interests and the principle of fairness, based on the increase in compensation as the defendant to stop the tort liability Way, but also fully consider the protection of copyright owners and encourage the creation and dissemination of works of public policy balance.

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