Two Zhongshan lantern enterprises "collision map" cited disputes, the defendant was sentenced to pay 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 for this is: "collision map" at the international exhibition, and the claim of 188 thousand enterprises in from March 1 to 4, 2015. During the period of from March 1 to 4, 2015, the star lighting company in Heng Lan town took part in the 2015 international intelligent advertisement 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 right to work on photography, but also seriously damaged our company's economic interests and dominant 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 the right to make these pictures, and the photos involved are just an objective record, not belonging to the category of works." In court, Mingming company and operator Jiang also provided pictures of other lighting factory extracts. 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. So, is photography protected by the law of rights? 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 of the product, and the shooting skills of the focal length, aperture, shutter exposure, lighting, back and proportion were all personalized, with originality. Therefore, these 36 pictures should belong to the photographic works in the sense of the power law, and should be protected by the law of the people's Republic of China. At the same time, the 36 pictures were publicly released on the brochures produced by star company, and star company made a reasonable statement about the production process and source. Obviously, the company and the operator Jiang did not provide the contrary evidence to overturn the fact, so the court held that star company had enjoyed the 36 photographic works. Right. Judge: the facts of the infringement are established, and the defendant has to pay 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 star company's right to the photography work. 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, as well as 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 the economic loss of 12000 yuan and the reasonable opening of the infringement. 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 the right to act. "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. Editor's note: with the increasing attention paid to intellectual property rights, LED companies also need attention. It is reported that there is a so-called image technology company, its pictures in China's network picture coverage of more than 9 of the total, in Baidu, Nick net search for most of the picture copyright for this company. The company will collect publicity products from all kinds of exhibitions, display promotional information on the board, and the free photos released by the company on micro-blog and WeChat as records and evidence, demanding high compensation fees. LED net warmly prompts the majority of LED enterprises, pay attention to the network free picture trap, avoid becoming the next target of being hunted.