A LED lighting and lighting enterprise painting album stolen pictures were sentenced to infringement and compensation of 17 thousand yuan.

The exhibitors at the Guangzhou international exhibition show that the most of the products and brochures used by a lighting company from Zhongshan are highly identical. Subsequently, the star company (alias) of Heng Lan town took the Ming Ming Company (alias) and its operator Chiang to court, claiming 188 thousand yuan. In April 18th, the second court of the city informed the intellectual property dispute. Ming Ming was sentenced to immediately delete the infringing picture and compensate for economic losses and reasonable cost of 17 thousand yuan. The reason is: the International Exhibition "bumping", the fence one lamp enterprise claims 188 thousand, during from March 1 to 4, 2015, star street lighting company participated in the 2015 Guangzhou International Intelligent advertising logo and LED exhibition. During the period, the company found that 36 of the pictures in the outdoor lighting product handbook publicizing and distributing by the Ming Ming Lighting Company in the ancient town were highly similar to the products brochures produced by star company. "Their atlas is completely consistent with our company in terms of photographing angles, colors, proportions and text descriptions. But these pictures were completed by our company itself or commissioned by third parties. Ming Ming not only infringed on our copyright in photography, but also seriously damaged our company's economic interests and market position. Star lighting company subsequently sued to the court, asked Ming Ming company and its operator Jiang to stop infringement immediately, and compensate 188 thousand yuan. "The outdoor lamps and lanterns product handbook sued by star company is not owned by us, it can not be proved to be printed by us. Star company also has no evidence to prove that they have copyright in these photographic pictures, and the photographic images involved are only objective records, which are not part of the works." In court, Mingming company and operator Jiang also provided pictures of other lighting factory drawings. Investigation: the court found that the more than 30 picture was in the same court, and the star lighting company submitted many photos to the court as evidence. The agreement and transfer records provided by star company confirm that star company has commissioned Chen to take pictures of the company and produce product manuals from August 2013 to January 31, 2014, and has paid 7000 yuan to Chen. On court comparison, the judge thought that the alleged infringing works used in the company's outdoor lighting product handbook were consistent with the 36 rights works of the star company, the location of the two products, the angle of shooting, the lighting and so on. Is photography protected by copyright law? According to the court's trial, the 36 pictures taken by the star company were commissioned by Chen Xing, according to the characteristics of the company's products. When shooting, the location, angle and location of the product, and the shooting skills such as focal length, aperture, shutter exposure and lighting, background and proportion were all personalized. Therefore, these 36 pictures should belong to the photographic works in the sense of copyright law, and should be protected by our copyright law. At the same time, the 36 pictures were publicly released on the brochures produced by star company, and the star company made a reasonable statement about the production process and source. Obviously, the company and the operator did not provide the contrary evidence to overturn the fact, so the court decided that the star company had a book on the 36 photographs. Right. Judgment: the infringement facts are established, and the defendant must compensate 17 thousand. Although the company does not recognize this fact, all the information in the handbook refers to Mingming company. Therefore, the court found that the outdoor lighting product manuals were clearly owned by the company. Mingming company used the photography work of star company without permission, and used it to publicize and popularize the company, which infringed the copyright of star company. Recently, the court has taken into account the types of images involved, the circumstances of the infringement, the number of consequences, the consequences and other factors, and the cost of the star company's efforts to stop the infringement. It is clear that the company and Chiang immediately deleted the infringing pictures used in the outdoor lighting product Handbook, and compensated for the economic loss of 12000 yuan and the right to stop infringement. The expenditure is 5000 yuan. Ruan Chunli, the judge of the three Court of the second municipal court, pointed out that photography reflects the author's thoughts and feelings and the cognition of the objective world. It is a creative result reflected in the form of language, symbols, and so on, and it must be expressed in a certain form, belonging to the category of writing, art and science. Protection of copyright law. "With the popularity of computers and the Internet, the spread of all kinds of information and image is becoming more and more convenient, and cases involving intellectual property rights such as Internet dissemination are increasing year by year. This case is a typical case." Judge Ruan suggested that enterprises should actively develop their core technology and create their own brands, so as to avoid entering the strange circle of plagiarism and imitating others' intellectual property rights.