On June 1 1, the Shanghai No.1 Intermediate People's Court publicly pronounced the case of Ma Yili's portrait right dispute. The court upheld the first-instance judgment that the media company compensated Ma Yili for more than 40,000 yuan, and rejected the appeal request of the media company.
The stills of "Luo Zijun" were used by the official account of WeChat.
20 17 Ma Yili played the role of "Luo Zijun" in the first half of his life. After the play was broadcast, a media company published "Ma Yili was defeated by Su Yan's" Little Three "on its official WeChat account in July of the same year? Don't be surprised at everything. Why can't Ma Yili play the Yi Shu girl well? "Two articles, including a few Ma Yili stills as illustrations.
At the same time, the WeChat article is also accompanied by advertising information such as plastic surgery hospital service and seiyuu course introduction, QR code, price concessions and promotions.
Ma Yili believes that media companies use their own names, photos and so on. As the title and picture of a propaganda article without its permission, and attaching advertising information providing commercial services to the article, it infringes on its legitimate rights and interests such as portrait rights and name rights.
2065438+July 2008, Ma Yili took the media company to court, demanding that the media company immediately stop infringing on its right to portrait and name, publicly apologize in newspapers and WeChat official accounts, and compensate herself for economic losses, legal fees, mental damage compensation and other more than 220,000 yuan.
Court: It constitutes a violation of Ma Yili's portrait right.
Shanghai No.1 Intermediate People's Court believes that in this case, the stills used by WeChat official account can clearly reflect Ma Yili's personal image, and most of them are positive photos, which have high identifiability and identifiability, so the stills involved have dual rights of portrait right and copyright.
Shanghai No.1 Intermediate People's Court ruled that the appeal was dismissed and the original judgment was upheld.
Liu, the presiding judge of this case, pointed out that stills, as artistic images, can not be equated with portraits after artistic processing, but they not only carry a shot of the film and television, but also carry the character of the actors. Therefore, if the stills basically reflect the actor's image or are highly recognizable with the actor's image, they still highlight the actor's external image and have the attribute of the actor's personality interests, which should be protected by law.
For this judgment, netizens also expressed their support for Ma Yili's rights protection:
When the endorsement contract expired, the defendant was still using photos of Ma Yili.
The plaintiff and the defendant signed an advertising endorsement contract on September 6, 20 10, stipulating that the plaintiff would shoot print advertisements for stainless steel tableware, kitchen utensils, knives and scissors, utensils and other products under the defendant's brand, and the advertisement was valid for 36 months.
However, from 20 13 10 to 3 1, the defendant continued to use and publish the product information containing the portrait of the plaintiff on the company website.
20 18 10, according to which the court made a judgment: the defendant publicly apologized to the plaintiff in the national open newspapers and periodicals; The defendant compensated 6,543,800 yuan+0.25 million yuan for the losses (including notarization fees and lawyer's agency fees) caused by the infringement of the plaintiff's portrait rights.
After the case was pronounced, the defendant Jieyang Stainless Steel Products Co., Ltd. refused to accept the appeal, and the second instance of Quanzhou Intermediate People's Court upheld the original judgment.
China Youth Daily (ID: zqbcyol finishing: Ansen Chen) comprehensively reviews Xinmin Evening News, China News Network, People's Daily, Quanzhou Network and netizens.