It is worth noting that the copywriting themes of the two videos are highly similar, with only a few turning points different. "I believe that the respected teacher Liu will definitely not come to my short video, tear up my copy word for word, and then send commercial advertisements. So it's best who goes to squat and who comes out to help me explain. " Regarding the alleged plagiarism, the blogger said that it was definitely not Andy Lau's doing, and bluntly asked the relevant team to make an explanation.
In this regard, Audi issued a statement saying that it sincerely apologized for the troubles caused to Mr. Andy Lau and Peking University Man Ge by poor supervision and lax review. Subsequently, Audi said that the video was reported and implemented by the creative agency M & ampCsatchi, and Audi has instructed it to deal with copywriting infringement as soon as possible. At the same time, before the facts are clarified, the official channel of Audi will completely remove the video.
According to the data, Peng Yangjun is the founder of Liangcang, the creative director of New Horizon magazine and the creative director of Italian C-neck ORS magazine. However, on the night of the advertisement, things reversed: the blogger "Peking University Man Ge" with more than 3 million fans released a video saying that Audi's advertising copy was suspected of copying himself.
FAW Audi @ Audi official Weibo issued a statement apologizing: "All videos have been deleted". The video was created by creative agency M&; Csatchi submitted the report and carried it out. Based on the principle of not avoiding the problem, we have instructed him to deal with the infringement of copywriting as soon as possible and give the public a satisfactory answer. At the same time, before the facts are officially clarified, the official channel of Audi will completely remove the video.
Shangsi Advertising Company (M & amp； Csatchi) responded that our Audi service team is an Audi Xiaoman brand video development team. In the process of video content development, due to our weak copyright awareness, we directly used the copy content of Tik Tok blogger Peking University Mange's video about Xiaoman, which caused great inconvenience and trouble to Mr. Andy Lau, Peking University Mange and FAW Audi brands. We sincerely apologize to the original author and promise to do our best. Shangsi Advertising also stated that it solemnly promised to respect and protect the rights and interests of the original author in advertising creation and strictly put an end to this situation.
For Audi, this is a terrible "car accident". There were a lot of praises on the videos involved yesterday, and how hot it is today. If it is finally confirmed that the copy of the video involved is indeed plagiarism, then Audi's corporate image will be hit hard. Most importantly, if the copy of the video involved is indeed plagiarism, it is suspected of breaking the law. Infringement of other people's copyright requires civil tort liability, which is no joke.
Today, Audi has issued a statement, acknowledging the poor supervision and lax review, and publicly apologizing. Audi also said in the statement that the video was submitted and implemented by the creative agency M & ampCSaatchi. Based on the principle of not avoiding the problem, we have instructed him to deal with the infringement of copywriting as soon as possible and give the public a satisfactory answer.
He further stated that Audi, as the publisher of the advertisement involved, should be the main body responsible for infringement; And Andy Lau is just a hired spokesperson; The third-party advertising planning company is the entrusted trustee. "This kind of plagiarism obviously infringes on the copyright of Peking University Man Ge, and Audi should also bear the tort liability." Professor Xu pointed out. In addition, after assuming the responsibility of copyright infringement, Audi can claim compensation from the advertising company according to the relevant contract terms signed with it.
An intellectual property professor said in an interview that advertising copy is a written work protected by copyright law. Although Andy Lau did not take the initiative but was entrusted by the relevant parties to recite or perform this written work, he theoretically enjoyed the rights of a performer after his performance. He can authorize the parties concerned to use such performances, and this authorization needs to be based on the legal use of other people's written works. In this sense, Andy Lau, as a copywriter, also needs to bear the responsibility, and the plaintiff (Peking University Little Mango) can also sue Andy Lau. Of course, Andy Lau's ultimate responsibility still depends on his contract with the relevant copywriting company or the entrusting party. "
Professor Apollo of East China University of Political Science and Law also believes that even without knowing it, Andy Lau still infringes on the performance right of copywriting and needs to bear civil liability for stopping the infringement (with the cooperation of advertising companies and Audi companies); If Andy Lau doesn't know, he can be exempted from liability. According to Zhongxin Finance, Yan Bing, director of Beijing Yuntong Law Firm, believes that this incident is neither a direct violation of the advertising law nor a case of quality problems in the endorsement products, so Andy Lau will not bear legal responsibility because of his identity as an advertising spokesperson.
Zhao Zhanling, a special researcher at the Intellectual Property Center of China University of Political Science and Law and a well-known IT and intellectual property lawyer, told Zhongxin Finance that in this case, first of all, it is difficult to find evidence that Andy Lau has never used Audi; Secondly, it is difficult for Andy Lau himself to judge whether the advertisement is a false advertisement; More importantly, Andy Lau himself can't judge whether the relevant copy is plagiarized. Therefore, he also believes that this case does not meet the situation that the advertising spokesperson needs to be responsible.