Two Zhongshan light enterprises "hit the map" cited disputes, the defendant was sentenced to compensate 17 thousand yuan

A cross bar lighting business to the participating international exhibition in Guangzhou, I found a lighting business also from Zhongshan, product brochures for the most highly similar pictures and captions. Subsequently, Henglan Town Star Company (a pseudonym) of the town when company (a pseudonym) and its operators Jiang to court, claims 188 thousand yuan. In April 18th, the city's second court informed the ruling on intellectual property disputes. Obviously, the company was sentenced to immediately delete the infringing pictures and compensate for the economic losses and reasonable expenses of 17 thousand yuan. - reason: International Exhibition "hit", during a March 1, 2015 to claim 188 thousand enterprises. On the 4 day, Henglan Town Star Lighting Company participated in the 2015 Guangzhou International Exhibition and intelligent advertising logo LED. During the period, the company found that the ancient town of Ming Lighting Company in the exhibition publicity and distribution of outdoor lighting products manual, there are 36 pictures and star company product brochures are highly similar. "Their album in the picture shooting angle, color, proportion and its written description, and our company is exactly the same.". But these pictures were taken by our company or commissioned by third parties independently. Obviously, the company not only infringed on our right to do the photography work, but also seriously damaged our company's economic interests and advantages in the market position." Star lighting company subsequently sued to court, asked Mingming company and its business owner Jiang immediately stop infringement, and compensation of 188 thousand yuan. "Star company sued outdoor lighting products manual is not our all, cannot prove that our company also stars printed; there is no evidence that they have on these photographs copyright, and the photography is an objective record, does not belong to the category of works." In court, when companies and operators of Jiang also provides other lighting factory pictures as evidence drawn book excerpt. In the investigation: the court found more than 30 pictures are the same photography on the court, the stars lighting company submitted to the court a lot of photos as evidence. The star company provided agreement and transfer records confirmed that the company was commissioned by Chen stars shooting product pictures for the company from August 2013 to January 31, 2014 production of brochures, to pay 7000 yuan service fee to chen. By the court on the judge that the allegedly infringing works and 36 stars rights of using works when company outdoor lighting product manual, uniform two product placement, shooting angle, lighting and other aspects, for the same photography. Then, is photography subject to the protection of copyright law? The court held that 36 pictures is the star company commissioned Chen according to the characteristics of products specially shot, choose to put the position and angle of products and shooting skills in focal length, aperture, shutter and set the lights, back and proportion have personalized shooting, originality, so these 36 pictures should belong to the copyright law on the meaning of the photographic works, to China's copyright law protection. At the same time, these 36 pieces of pictures published brochures printed on the company to the stars, and the stars of the production process and the source made a reasonable statement, when companies and operators?? Jiang did not provide evidence to overrule the fact, so the court finds that the stars for the 36 photographic works enjoy copyright. - Judgement: the facts of infringement, the defendant should compensate 17 thousand although clearly the company does not recognize this fact, but all the information involved manual are pointing to it, it is the ultimate benefit company manual winner. Therefore, the court held that the outdoor lighting products manual for all companies. The company has unauthorized use of star company's photographs and has been used in the promotion of the enterprise. It has violated the star company's right to the photographic works. Recently, the court considered the picture of the infringement type, plot, quantity, and the consequences of such factors as the stars company to stop the infringement cost, judgment obviously company and Jiang immediately removed for use in outdoor lighting products in the manual infringement pictures, and compensation for economic loss of 12000 yuan and reasonable expenses 5000 yuan to stop infringement. Second court three people court judge Ruan Chunli pointed out that the photographic works reflect the author's thoughts and feelings and perception of the world is a kind of language and symbols to form reflects the creation of intellectual achievements, and with the help of some forms, which belongs to the text, the art and science of our country by the same category. The protection of copyright law. With the popularization of computer and Internet, all kinds of image information, communication is convenient, involving infringement of intellectual property rights through the network communication etc. the case is also increasing year by year, this case is a typical case." Nguyen judge suggested that enterprises should actively develop their own core technology and build their own brands, so as to avoid entering the vicious circle of copying and imitating other people's intellectual property rights. Editor's note: with the increasing attention to intellectual property rights of images, LED enterprises also need to attract attention. It is reported that there is a so-called image technology company, its image in the Chinese network covering more than 9 pictures, the search in Baidu, the most nipic company for all image copyright. The company will collect promotional pictures of the company's products, display promotional information on the display board at various exhibitions, and record free pictures of the company on micro-blog, WeChat's website