著作权侵权

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“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
吴学安 AI技术确实带来很多积极的方面,也有一些负面的效果,它会滋生很多新型的侵权行为。尽管AI技术 作为一种工具和手段本身并不构成侵权,因为工具往往是中立的。但使用这种软件技术去进行魔改则有 可能构成侵权。一方面,目前这类经典老剧版权并未过期,如果未获得原创者许可,便使用AI擅自对 原作进行再加工、再创作,则涉嫌侵犯原创者的著作权。另一方面,在一些恶搞型换脸视频中,使用了 原来影视剧中的某些人物形象,使用演员的肖像,让演员形象受到严重歪曲,则涉嫌侵犯当事人肖像 权。 随着人工智能的发展,经过AI技术处理的短视频,不仅愈发逼真流畅、真伪难辨,而且制作门槛越来 越低。任何影视二次创作都可能涉及知识产权问题,AI爆改经典影视作品也概莫能外。AI爆改视频理 应严守二次创作法律边界。一方面,创作者、发布平台要尊重原创者的合法权益,积极寻求与版权方的 合作和授权,确保"AI二创"合法合规。另一方面,创作者在二创过程中也应严守创作底线,不过度解 构、曲解原作内容。不符合人物和剧情设定的颠覆式、反转式爆改,不仅达不到幽默的效果,还会对原 作品版权和表演者的形象造成损害,造成对传统经典的冒犯和践踏。 无论如何,AI技术不能成 ...
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]
赵露思“微博书”成商品,10年原创微博被打印成册公开售卖,6册打包卖220元
Qi Lu Wan Bao· 2025-08-21 03:16
Core Viewpoint - Zhao Lusi's recent cancellation of her Weibo account has sparked significant reactions among fans, leading to the emergence of a market for self-made "Zhao Lusi Weibo books" that compile her past posts [1][2]. Group 1: Market Response - Following the cancellation of Zhao Lusi's Weibo account, a series of "Zhao Lusi Weibo books" have been promoted on various social media platforms, containing all her posts from 2015 to 2025 [2]. - The promotional strategy for these books emphasizes the completeness of the content, appealing to fans who wish to preserve their memories of Zhao Lusi [2][4]. - There has been a strong response from netizens, with many inquiring about prices and purchasing methods for these Weibo books [4]. Group 2: Sales and Pricing - Sellers of the Weibo books have not publicly listed prices, opting instead to engage in private discussions with interested buyers [6]. - One seller claims to have compiled all of Zhao Lusi's posts into six volumes, pricing each volume at 39 yuan, with a bundled price of 220 yuan for all six [8]. Group 3: Legal Considerations - Legal experts have indicated that the sale of these Weibo books without Zhao Lusi's permission constitutes a violation of her copyright, as her posts are protected under copyright law [8][10]. - The unauthorized sale of these books may also infringe on Zhao Lusi's portrait rights if they include her images [10]. - Potential legal consequences for infringers include the obligation to cease infringement, eliminate negative impacts, apologize, and compensate for damages [10].
中望软件(688083.SH):Autodesk起诉公司及有关主体著作权侵权等事项
Ge Long Hui· 2025-07-30 07:53
Core Viewpoint - Autodesk has filed a lawsuit against the company for copyright infringement, misappropriation of trade secrets, and breach of existing agreements, seeking various legal remedies [1][2] Group 1: Lawsuit Details - The lawsuit was filed in the U.S. District Court for the Northern District of California [1] - Autodesk's claims include requests for both preliminary and permanent injunctions to prevent further infringement and misappropriation [1] - Autodesk seeks damages for actual losses, lost profits, exemplary damages, and litigation costs [1] Group 2: Company's Response - The company does not acknowledge Autodesk's claims and intends to take strong measures to defend its interests [2] - The company emphasizes its commitment to research and innovation, asserting that its software has independent intellectual property rights [2] - The company has over 20 years of experience in industrial design software and has developed a core technology and product matrix focused on various CAD and simulation tools [2] Group 3: Legal and Financial Implications - The specific amount involved in the lawsuit has not been disclosed, and the case has not yet gone to trial [2] - The final impact on the company's financial performance remains uncertain and will depend on the court's ruling [2]
生产假冒泡泡玛特,主犯被判4年、罚金60万元!
证券时报· 2025-07-17 15:04
Core Viewpoint - The article discusses a court ruling in Beijing regarding a copyright infringement case involving counterfeit toys from the brand Bubble Mart, highlighting the legal consequences faced by the perpetrators and the scale of the illegal operation [1]. Summary by Sections Case Details - On July 16, the Chaoyang District People's Court in Beijing sentenced the main perpetrator, Zhu, to 4 years in prison and a fine of 600,000 yuan for commissioning the production of counterfeit Bubble Mart toys [1]. - From July 2023 to January 2024, Zhu illegally produced counterfeit "Temperature" and "Night City" series toys, paying over 600,000 yuan to accomplices for production [1]. - Over 80,000 counterfeit toys were seized by law enforcement, with a total value exceeding 400,000 yuan [1]. Legal Findings - The court found that Zhu's group illegally reproduced and distributed copyrighted artistic works without permission, with illegal business revenue exceeding 1 million yuan, constituting "particularly serious circumstances" of copyright infringement [1]. - Zhu received a lighter sentence due to his confession, lack of prior criminal record, and the return of 120,000 yuan in illegal gains [1]. - Other accomplices, including Ning and Peng, were sentenced separately for copyright infringement, while three individuals involved in selling the counterfeit products faced criminal charges for selling infringing copies [1].
被前经纪公司要求48小时内删除《泡沫》《光年之外》等代表作,邓紫棋回应→
第一财经· 2025-06-18 12:31
Core Viewpoint - The article discusses the copyright dispute between G.E.M. (邓紫棋) and her former management company, Hummingbird Music, regarding the re-recording and online release of her album "I AM GLORIA," which includes popular songs that are subject to copyright claims by the company [1][5][12]. Group 1: Copyright Dispute - Hummingbird Music claims ownership of the recording and songwriting rights for the songs involved in the dispute, stating that these works were created during the contract period between G.E.M. and the company [5][11]. - The company demands that G.E.M. remove the infringing content within 48 hours and that all music platforms take down the re-recorded songs, threatening legal action if these demands are not met [5][17]. - G.E.M. has responded by asserting that her re-recordings are legally compliant under China's statutory licensing laws and that she has paid the necessary fees for these versions to be released globally [17]. Group 2: Legal Basis and Actions - Hummingbird Music cites the Copyright Law of the People's Republic of China, emphasizing that the rights to the songs belong to the company due to the agreements made during the contract period [12][16]. - The company outlines specific legal infringements, including violations of reproduction and adaptation rights, as well as unauthorized online distribution of the re-recorded songs [16][12]. - Hummingbird Music plans to take further legal actions, including filing administrative complaints and lawsuits for damages if their demands are not met [12][16].
3D打印Labubu模型获利可能违法
news flash· 2025-06-16 06:52
泡泡玛特旗下Labubu爆火,二手市场价格已上千元,对3D打印构成利好。资料显示,在Labubu的迭代 中,已经大量采用3D打印技术,大幅缩减了产品迭代成本。此外,3D打印爱好者在多个平台上分享和 打印Labubu模型,有人通过3D打印Labubu模型赚十多万。孟广远律师强调,未经授权模仿易触碰著作 权、商标侵权及不正当竞争法律红线,一旦被认定侵权,赔偿、下架等后果随之而来。(国是直通车) ...
10块钱买一条“中华”?低价茶打擦边球仿香烟售卖
Xin Jing Bao· 2025-06-15 07:28
Core Viewpoint - The article highlights the issue of tea products being sold in packaging that closely resembles well-known cigarette brands, particularly "中华" (Zhonghua), which raises concerns about consumer deception and potential legal violations related to trademark infringement and misleading advertising [8][20][21]. Group 1: Product Description and Consumer Experience - The tea products are packaged in boxes that mimic the appearance of cigarette brands like "中华," "荷花," and "南京," with prices around 10 yuan or 9.9 yuan per package [4][6][19]. - Consumers have reported confusion and disappointment upon receiving the products, as they expected cigarettes but received tea instead, leading to negative reviews and claims of being misled [4][10][15]. - The tea quality has been criticized, with industry experts stating that the products do not meet the standards of the advertised types, such as "肉桂" (Rougui) and "大红袍" (Da Hong Pao) [22][24]. Group 2: Legal and Regulatory Concerns - Selling cigarettes online is illegal under Chinese law, and the use of similar packaging for tea products may constitute trademark infringement and unfair competition [8][20][21]. - The packaging of the tea products is argued to infringe on the trademark rights of "中华" cigarettes, as the design and branding are closely associated with the well-known cigarette brand [20][21]. - Legal experts suggest that the tea products' packaging could mislead consumers and harm the reputation of the "中华" brand, potentially leading to legal action [20][21]. Group 3: Market Implications - The article indicates a growing trend of using deceptive marketing practices in the tea industry, where low-quality products are sold at low prices, often misleading consumers [22][24]. - The presence of such products in the market raises concerns about consumer protection and the integrity of e-commerce platforms, as they may facilitate the sale of counterfeit or substandard goods [22][24]. - The situation reflects broader issues within the tea industry regarding quality control and the need for better regulation to protect consumers from misleading practices [22][24].