AutoBeta(AutoBeta.net)08/16 Report--

Tuge, a car-sharing company that has been repeatedly exposed about the loss of funds and the difficulty of refunding the deposit, has posted the image of "Piggy Page" on its shared cars without authorization and promoted it. The author of Pig Page thought that the company had infringed its copyright and sued the company to the Beijing Internet Court.

On August 15, the Beijing Internet Court of first instance ruled that Tuge Company had infringed upon the plaintiff's right of reproduction and the right of information network dissemination, and ordered it to immediately terminate the infringement of copyright and compensate for economic losses and reasonable expenses for safeguarding rights totaling 500000 yuan.

Plaintiffs Entertainment one and Abedai sued in court that "Pig Page" registered its copyright with China's National copyright Administration on June 4, 2014 and enjoyed art works and copyright related to Pig Page's information in accordance with the law.

On April 25, 2018, at the 15th Beijing International Auto Show, Tuge posted the copyrighted "Page Pig" on the shared cars operated by Tuge without the permission of the plaintiff, taking it as the core selling point. and conduct commercial promotion, at the same time spread its related activities in its Weibo, Wechat official account and other media.

The plaintiff claimed that his official account used four works that were basically consistent with the cartoon "Pig Page". Therefore, he believed that Tuge Company had infringed the plaintiff's right of reproduction and information network dissemination in the above acts, so he took it to court. The company is required to order Tuge to immediately stop infringing its copyright and compensate for economic losses and reasonable expenses for safeguarding its rights totaling 500000 yuan.

The court said that Tuge's use of "Pig Page" cartoons and "Pig Page" art works without permission did not directly benefit from the above works, but made use of the popularity and influence of the above works to promote its car-sharing service. Secondly, the defendant has been using the image of "Page Pig" since April 25, 2018. As of December 13, 2018, he is still suspected of "Page Pig" copywriting on his Weibo, which has been infringed for a long time.

According to the two license agreements provided by the plaintiff, the court found that in the case of non-exclusive use, the annual license fee for the image of Piggy Page was about 250000 yuan on goods with low prices such as children's paper, and about 650000 yuan on goods packaged by children.

The court held that the actual loss of the plaintiff in this case was the above-mentioned amount of normal license fee, that is, 500000 yuan, and the amount of damages should not be lower than that amount. Accordingly, the court fully supported the economic loss amount of 497346 yuan claimed by the plaintiff.

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