著作权侵权
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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
本文转自【海峡导报】; 近日,思明区法院发布一起涉泡泡玛特IP的著作权侵权案,一闲鱼卖家因售卖仿冒Dimoo手办被判侵权 赔偿。 POPMART泡泡玛特是经营潮玩产品的知名潮流文化娱乐品牌,推出了众多粉丝喜爱的潮玩产品,如 LABUBU系列、Molly系列等,广受消费者追捧。其中,顶着标志性"云朵头"的小男孩"DimooWorld系 列",是无数潮玩爱好者的心头好。M公司(化名)作为"DimooWorld系列"美术作品的著作权人,发现 市民小林(化名)在闲鱼上开设店铺,专门售卖和Dimoo长得很像的手办,且店铺页面展示了多个该系 列作品的图片和视频。 M公司认为,小林并未获得公司授权,其销售行为侵害了公司享有的美术作品著作权,遂将小林起诉至 法院,要求其赔偿公司经济损失6万余元。庭审中,小林辩称自己有正当职业,在闲鱼平台上卖手办仅 为兼职,目的是减轻一点经济压力,且是M公司相关人员表示要采购,诱导他囤了100多只玩偶,不应 承担全额赔偿责任。 法院经审理认为,小林未经权利人许可,也未支付相应报酬,擅自在其经营的闲鱼店铺中销售与泡泡玛 特"DimooWorld系列"美术作品形象相近的仿制玩偶,该行为已侵害原告享 ...
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]
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].