A LED lighting company has been sentenced to infringement and compensation of 17 thousand yuan

A lamp decoration enterprise of the bar to Guangzhou international exhibition, actually found the same from Zhongshan lighting enterprise, the use of most of the product brochure and text description of the same height. Subsequently, the star company (the pseudonym) of the town of the town of the town, the Ming and Ming Company (the name of the chemical) and its operator, Jiang Mou to the court, claim 188 thousand yuan. In April 18th, the city's second court informed the decision of this intellectual property dispute. Mingming company was sentenced to immediately delete the infringement of the picture and compensation for the economic loss and the reasonable cost of 17 thousand yuan. Reason: the International Exhibition "hit the map", the column one lamp enterprise claim 188 thousand from March 1 to 4, 2015, the star lighting company of the bar town participated in the 2015 Guangzhou International Intelligent advertising logo and LED exhibition. During the period, the company found that in the ancient town of Ming Ming Lighting Company in the exhibition outside the publicity and distribution of outdoor lamps and lanterns Handbook, there are 36 pictures and the star company made the product brochure highly identical. "Their photo album is exactly the same as our company in the picture angle, color, proportion and text description. But these pictures are done by our company itself or by third parties. Mingming company not only infringes on the copyright of our photographic works, but also seriously damages our company's economic interests and dominant market position. " Star lighting company subsequently sued to the court, demanding that Mingming and its operator, Jiang Mou immediately stop the infringement, and compensation of 188 thousand yuan. "Star company sued outdoor lamps and lanterns Handbook is not all of us, can not prove to be our printing; star company also has no evidence to prove that they enjoy the copyright of these photography pictures, and the case of photography is only an objective record, not belong to the domain." In the court, Mingming company and the operator, Jiang, also provided the evidence of the pictorial pictures of other lighting works. Investigation: the court found that more than 30 pictures were in the same court of photography, and the star lighting company submitted a number of photographs to the court as evidence. Star company's agreement and transfer records confirmed that star company had commissioned Chen to photograph and produce a product handbook for the company from August 2013 to January 31, 2014, and paid 7000 yuan to Chen's service fee. By comparison with the court, the judge believed that the works of the controlled infringement in the outdoor lamps and lanterns manuals of Mingming company were the same as 36 rights works of star company, the position of the two products, the angle of the shooting, the light and so on. So, is photography protected by copyright law? According to the trial, the court held that 36 pictures were photographed by star company in accordance with the characteristics of the company's products. The location of the product, the angle, the setting of the focal length, the aperture, the shutter exposure, the lighting, the back, and the proportion were unique. Therefore, these 36 pictures should belong to the works of copyright law, which should be protected by the copyright law of our country. At the same time, the 36 pictures were published on the product brochures printed by star company, and star company made a reasonableness statement about the process and source of the production. Mingming company and manager Jiang did not provide the contrary evidence to overthrow the fact, so the court found that the star company enjoyed the works of the 36 photographs. Right. Verdict: the fact that the tort is founded, the defendant must compensate 17 thousand although Mingming company does not admit this fact, but all the information on the handbook is pointed to Mingming company, Mingming company is the final benefit of the handbook. So the court decided that the Handbook on outdoor lamps and lanterns was owned by Mingming company. Mingming company without permission, unauthorized use of star company involved in photography works, and used in enterprise publicity and promotion, violated the copyright of star company to the photography works. Recently, the court, taking into consideration the types of pictures involved, the plot, the number and the consequences of the infringement, and the cost of the star company to stop the infringement, decided that the company and Jiang immediately deleted the infringement pictures used in the manual of outdoor lamps and lanterns, and compensated 12000 yuan for the economic losses and the rationality of the infringement. It costs 5000 yuan. Judge Ruan Chunli, the three Court of the second court of the city, pointed out that the photographic works reflect the author's thoughts and feelings and the cognition of the objective world. It is a kind of intellectual creation reflected in the form of language and symbols. It should be expressed in a certain form and belong to the category of words, art and science, as well as in our country. The protection of copyright law. "With the popularization of computers and the Internet, all kinds of information and image transmission are becoming more and more convenient, and the cases involving infringement of intellectual property through network communication are increasing year by year. This case is a typical case." Judge Ruan suggested that enterprises should actively develop their own core technologies and create independent brands to avoid entering into the strange circles of copying and imitating the intellectual property of others.