著作权侵权
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中伦代理腾讯获二审改判:提供视频格式破解工具被认定构成著作权侵权
Xin Lang Cai Jing· 2026-02-05 12:24
Core Viewpoint - The Shanghai Intellectual Property Court ruled in favor of Tencent in a copyright infringement case against a Shanghai technology company, determining that the conversion of Tencent Video's proprietary encryption format to open formats like mp4 constitutes a violation of copyright law [2][6]. Group 1: Legal Findings - The second-instance court overturned the first-instance court's classification of the behavior as unfair competition and the compensation amount, instead recognizing it as a violation of Article 49 of the Copyright Law, which prohibits providing technical services to circumvent or destroy technical measures [2][6]. - The court ordered the Shanghai technology company to cease infringement, eliminate the impact, and compensate Tencent for economic losses and reasonable expenses exceeding 1.09 million yuan [2][6]. Group 2: Legal Representation - Zhong Lun Law Firm played a significant role in the case, submitting over 14,000 pieces of evidence regarding copyright ownership and convincing the court that Tencent had the standing to sue based on its comprehensive video copyright [2][6][7]. - The legal team argued that the act of providing circumvention means violates the prohibitive provisions of Article 49 of the Copyright Law, which has independent legal significance [6][7]. Group 3: Implications - This case provides an important precedent for clarifying the standards for proving copyright ownership of a large number of works and the judicial recognition of the elements constituting the destruction of "access control measures" under the Copyright Law [6][7].
碧昂丝翻唱了邓紫棋的歌?AI侵权谁担责丨小铭切瓜
Xin Lang Cai Jing· 2026-01-27 14:47
Group 1 - The recent popularity of an AI-adapted version of the song "泡沫" has raised questions about copyright infringement and the responsibilities of those involved in the adaptation process [1] - Lawyers indicate that while AI is used for adaptation, the responsibility lies with the person who issued the adaptation command, especially if the adaptation is shared publicly for profit [1] - Platforms hosting such content cannot evade responsibility and must take action against known infringements, as the original creator's rights remain protected even after copyright expiration [1] Group 2 - The legal framework requires original creators to actively request the removal of infringing content, which contributes to the ongoing prevalence of copyright violations on short video platforms [1] - There is a call for regulatory bodies to enhance oversight using technology to prevent copyright infringement at the source, ensuring a safer environment for creators [1] - The potential of AI adaptations is acknowledged, suggesting that they can benefit creators and audiences if managed properly without infringing on artists' rights [2]
深圳一公司起诉!“李鬼”牙膏被判罚600万元
Nan Fang Du Shi Bao· 2026-01-20 03:45
Group 1 - A Shenzhen-based company, established in 2015, specializes in oral care consumer products and has become a well-known brand in the industry [1] - The company registered copyright for the packaging design of two toothpaste products on September 29, 2022, but later discovered a Dongguan-based business selling similar products [1] - The infringing products were designed and produced by a Guangzhou company, which not only copied the appearance but also used similar promotional keywords [1] Group 2 - The Shenzhen company provided evidence that the AI design drafts for the toothpaste were finalized on March 10, 2022, with the first publication dates on March 14 and April 29, 2022 [1] - The defendant company claimed their design drafts and packaging dates were earlier than the plaintiff's, but the court found discrepancies in the evidence presented [2] - The court ruled that the defendant company had engaged in willful infringement, ordering a compensation of 6 million yuan, which was upheld after the defendant's appeal was rejected [2]
厦门:男子在闲鱼开设店铺,卖仿冒泡泡玛特被索赔6万余元,法院判了
Huan Qiu Wang· 2025-12-30 23:48
Group 1 - A seller on the platform Xianyu was found guilty of copyright infringement for selling counterfeit Dimoo figurines, leading to a court ruling for compensation [1][2] - The plaintiff, M Company, is the copyright holder of the DimooWorld series, which is a popular line of collectible toys under the brand POPMART [1] - The court ruled that the seller, referred to as Xiao Lin, infringed on the plaintiff's distribution rights by selling similar products without authorization, resulting in a compensation order of 9,000 yuan [2] Group 2 - The court considered factors such as the high recognition of the Dimoo series, the inducement behavior during evidence collection, and Xiao Lin's status as a small seller on Xianyu [2] - The ruling reflects the legal stance on intellectual property rights within the collectible toy industry, emphasizing the importance of authorization for sales [2]
被摄影师起诉侵权,视觉中国致歉:涉案作品已下架
Xin Lang Cai Jing· 2025-11-23 01:07
Core Points - The court ruled that Vision China (000681.SZ) illegally sold the photo "Village Under the Galaxy" by Dai Jianfeng, infringing on his information network dissemination rights and right to attribution [2] - The court ordered Vision China and two other companies to jointly compensate 15,000 yuan and to publish an apology on their official website for 48 hours [2] - The court found Vision China's previous claim for over 80,000 yuan in damages from Dai Jianfeng to be clearly inappropriate [2]
索赔三千万!4家公司被起诉,其中两家在深圳
Nan Fang Du Shi Bao· 2025-10-23 05:21
Core Viewpoint - Guangzhou Tianzong Network has filed a lawsuit against four companies for copyright infringement related to its flagship game "Fantasy Immortal Transmission," seeking 30 million RMB in damages [1] Group 1: Company Overview - Guangzhou Tianzong Network is known for its flagship product "Fantasy Immortal Transmission," a turn-based mobile game with a background based on the Journey to the West, featuring a unique art style and dual gameplay mechanics [1] - The game includes 49 core gameplay modes, such as PVE dungeon exploration and PVP competitions, allowing players to enhance their combat power through various systems [1] Group 2: Legal Proceedings - The lawsuit targets four defendants: Shenzhen Fantasies, Shenzhen Happy Rabbit, Hainan Avenue Tianxiang Technology, and Guangzhou Qile You, with Shenzhen Fantasies being a notable company in the sports gaming sector [1] - The lawsuit requests the defendants to cease all infringing activities related to "Fantasy Immortal Transmission" and to issue public apologies in prominent media outlets [3] - The plaintiffs are seeking a total of 30 million RMB in damages, along with additional legal fees amounting to 600,000 RMB [3] Group 3: Related Company Issues - Shenzhen Fantasies has recently been reported to be facing bankruptcy due to internal fraud issues, with over 10 million RMB involved [2] - Hainan Avenue Tianxiang and Guangzhou Qile You are both controlled by Guangzhou Encounter Time Network Technology Co., Ltd. [2]
“金庸诉江南”案大结局!法院:当事人达成全面和解,“同意不算剽窃”!此前江南方被判赔188万元
Mei Ri Jing Ji Xin Wen· 2025-09-20 01:23
Core Viewpoint - The "Jin Yong vs Jiang Nan" case, a significant copyright dispute in the publishing and literary creation industry, has reached a comprehensive settlement after nine years of legal proceedings, marking the end of what is known as the "first case of fan works" in China [1][4]. Group 1: Case Background - The case originated from Jiang Nan's early novel "The Youth of This Place," which heavily utilized characters and elements from Jin Yong's classic martial arts novels, leading to allegations of copyright infringement and unfair competition by Jin Yong in July 2016 [2][3]. - The initial ruling by the Guangzhou Intellectual Property Court recognized the infringement and ordered Jiang Nan to cease the infringing activities, issue a public apology, and pay a total of 1.68 million yuan in damages, along with 200,000 yuan for reasonable expenses to stop the infringement [3]. Group 2: Settlement Details - The parties reached a settlement agreement that included several key points: - They agreed not to classify the actions as "plagiarism" - Jiang Nan acknowledged a lack of knowledge regarding copyright law and the resulting damage to Jin Yong [4] - Jiang Nan committed not to reprint "The Youth of This Place" in its original form and will not use original character names or related content from Jin Yong's works in future editions [4] - The subtitle used in the earlier version of the novel constituted unfair competition [4] - Jiang Nan has fulfilled the compensation amount determined in the previous ruling, and all prior judgments will no longer hold legal effect [4]. Group 3: Legal Implications - The case highlights the complexities surrounding "fan works" and copyright infringement, emphasizing that each situation must be analyzed on a case-by-case basis to determine whether a fan work infringes on the original author's rights [6]. - The court's approach focused on resolving disputes through dialogue rather than strict legal interpretation, aiming to clarify the legal boundaries of fan creations and the standards for recognizing copyright infringement [3][6].
【世相百态】AI魔改经典老剧切莫触碰侵权雷区
Zheng Quan Shi Bao· 2025-09-18 18:03
Core Viewpoint - The rapid development of artificial intelligence (AI) technology has led to a surge in AI-generated content (AIGC), which raises concerns about the boundaries of "fair use" and "infringement" in the context of classic works of art and culture [1][2]. Group 1: AI Technology and Content Creation - AI technology has enabled diverse forms of artistic reconstruction, including film adaptations, AI singer covers, and style imitation in painting, expanding creative boundaries [1]. - The phenomenon of AI modification, particularly of classic works, often prioritizes sensationalism over respect for the original content, potentially distorting the original creators' intentions and undermining the essence of the original works [1][2]. Group 2: Intellectual Property Concerns - The use of AI for modifying classic works without the original creators' permission may constitute copyright infringement, especially since the copyrights of many classic works have not expired [2]. - AI-generated content that distorts the portrayal of actors or characters may infringe on the rights of the individuals involved, raising significant legal issues [2]. Group 3: Legal and Ethical Responsibilities - Creators and platforms must respect the rights of original creators and seek proper authorization to ensure that AI modifications comply with copyright laws [2][3]. - The responsibility for any infringement lies with the video publishers, while platforms that fail to fulfill their review obligations may also face liability for the consequences of such infringements [3].
快手陷"多事之秋":因侵权被判赔8910万、前高管涉贪丑闻曝光、大主播再退网……
Guo Ji Jin Rong Bao· 2025-08-26 23:28
Core Viewpoint - Kuaishou is facing significant legal and operational challenges, including a substantial copyright infringement ruling and internal corruption issues, which may impact its reputation and business operations [2][8]. Group 1: Legal Issues - Kuaishou has been ordered by two courts to pay a total of 89.1 million yuan for copyright infringement related to the unauthorized distribution of content from "De Yun Dou Xiao She" and "Chang Xiang Si" [2]. - The Guangdong and Chongqing High People's Courts found that Kuaishou had engaged in numerous infringement activities and mandated the platform to implement effective measures to prevent the spread of infringing videos [2][3]. - Despite receiving 2,179 "take-down notices" over three years, Kuaishou has failed to adequately address the issue, with over 2,000 infringing videos remaining on the platform [3]. Group 2: Corruption Scandal - A corruption case involving Kuaishou's former e-commerce service manager has emerged, with allegations of embezzling over 140 million yuan in subsidies and laundering the money through virtual currency platforms [8]. - The case has led to the conviction of seven individuals, including the former manager, who received prison sentences ranging from three to fourteen and a half years [8]. Group 3: Business Performance - Kuaishou reported a 17.6% year-on-year increase in e-commerce GMV, reaching 358.9 billion yuan in the second quarter, with an average of 134 million monthly buyers [9]. - The platform's "pan-shelf" e-commerce GMV accounted for over 32% of total e-commerce GMV, with significant growth during the 618 shopping festival [9]. - Despite strong performance, the platform faces challenges with high-profile influencers like Xin Yuzhi (Xin Ba), who has announced multiple withdrawals from the live-streaming industry, raising concerns about the platform's credibility [9][10][12].
快手侵权《德云斗笑社》《长相思》终审判赔8910万
Xin Lang Ke Ji· 2025-08-25 05:17
Core Viewpoint - Kuaishou has been ordered to pay a total of 89.1 million yuan for copyright infringement related to the popular shows "De Yun Dou Xiao She" and "Chang Xiang Si" [1] Group 1: Legal Judgments - The Guangdong and Chongqing High People's Courts found Kuaishou to have significant fault and serious infringement, applying punitive damages at 1x the compensation amount [1] - Kuaishou was ordered to compensate 60 million yuan for "De Yun Dou Xiao She" and 29.1 million yuan for "Chang Xiang Si" [1] Group 2: Preventive Measures - The courts mandated that short video platforms implement necessary measures such as filtering and interception to effectively prevent the spread of infringing content [1]