Liu Xiang sued New Oriental Subsidiary: infringement of portrait rights, and the court made a judgment. Beijing New Oriental Future Overseas Consulting Co., Ltd. apologized to the plaintiff Liu Xiang in writing and compensated Liu Xiang for the economic loss of 6,000 yuan. New Oriental subsidiary was sued by Liu Xiang: infringement of portrait rights.
Liu Xiang sued the subsidiary of New Oriental: infringement of portrait rights 1 Since the fire in the live broadcast room, New Oriental seems to have brought a "hot search constitution".
On the afternoon of July 7th, after Liu Xiang sued New Oriental for infringement, he quickly rushed to the first hot search in Weibo, which triggered a heated discussion among netizens.
Liu Xiang sued New Oriental for infringement.
On July 7, the Beijing Internet Court made public the first-instance documents of the dispute over portrait rights between Liu Xiang and Beijing New Oriental Future Overseas Consulting Co., Ltd. ..
According to the documents, plaintiff Liu Xiang claimed that the defendant used the plaintiff's portrait and attached commercial propaganda information in the article published by WeChat official account "Attending New Oriental American Middle School" without permission, which constituted an infringement on his portrait right.
It is reported that on August 9, 2006, the official account of WeChat, a student studying in New Oriental American Middle School, published an article entitled "From Liu Xiang eight years ago to Fu China this year". This paper uses several portrait photos of Liu Xiang. At the end of the article, the advertisement information of "National Tour of American Ivy League Middle School" is attached.
In order to protect its rights and interests, Liu Xiang filed a lawsuit with the court, requesting a decree: 1. The defendant immediately stopped the alleged infringement; 2. The defendant apologized to the plaintiff in the national WeChat official account newspaper and its official WeChat official account for 60 consecutive days, including the case number and main contents of the judgment in this case, and confirmed by the plaintiff or the plaintiff's agent that the apology page in the newspaper was not less than 9cmx14cm; ; 3. The defendant compensated the plaintiff for economic losses, spiritual damages of RMB10.5 million and reasonable expenses for rights protection of RMB 5,000.
The defendant, New Oriental Future Overseas Consulting Co., Ltd., argued that it was deleted immediately after it was informed of the alleged infringement facts, and there was no intentional infringement subjectively, which did not cause losses to the plaintiff objectively. If the amount of compensation claimed by the plaintiff is too high, it shall not be recognized and the court shall be requested to make a judgment according to law.
It is reported that according to the screenshot of the background information of WeChat official account submitted by the defendant, it shows that the above article has been deleted, and the reading volume at the time of deletion is 676.
According to the first paragraph of Article 10 19 of the General Principles of Civil Law of People's Republic of China (PRC), "no organization or individual may use information technology to deface, deface or forge others' portrait rights. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, except as otherwise provided by law. "
After trial, the court held that the defendant used Liu Xiang's portrait in the article involved without consent, which constituted an infringement of Liu Xiang's portrait right. However, the portraits of Liu Xiang used in the articles involved are all photos of the stadium, and the portraits have not been defaced or defaced, and the infringement is minor.
In the end, the court ordered Beijing New Oriental Future Overseas Consulting Co., Ltd. to apologize in writing, and comprehensively considered the specific situation of using the plaintiff's portrait in the article involved, the publication time of the article and the reading volume, and determined the plaintiff's economic loss of 6,000 yuan as appropriate. Do not support the plaintiff's remaining claims.
According to Tianyancha APP, Beijing New Oriental Future Overseas Consulting Co., Ltd. was established in 1996. It is wholly owned by New Oriental Education Technology Group Co., Ltd., and the actual controller is. At the same time, it is also the only institution under New Oriental that specializes in studying abroad. The company has several subsidiaries in Beijing, Shanghai, Shenzhen, Guangzhou, Tianjin and Nanjing.
Liu Xiang sued New Oriental Subsidiary: Infringement of Portrait Rights 2 Beijing Court Trial Information Network recently announced the first-instance civil judgment of Liu Xiang and Beijing New Oriental Future Overseas Consulting Co., Ltd. (hereinafter referred to as "New Oriental Overseas Consulting") on the dispute over portrait rights. New Oriental Overseas Consulting was awarded a written apology to Liu Xiang, the plaintiff, and compensated Liu Xiang for economic losses of 6,000 yuan.
According to the verdict, Liu Xiang claimed that New Oriental used his portrait without permission in the article "From Liu Xiang eight years ago to Fu this year, China is really strong" published by WeChat official account "Studying in New Oriental American Middle School", and attached commercial propaganda information, which infringed my portrait right.
Therefore, Liu Xiang filed a lawsuit, requesting that New Oriental immediately stop the alleged infringement, and apologized to the plaintiff for 60 consecutive days in the national WeChat official account newspaper and its official WeChat official account. In addition, the defendant, New Oriental, should compensate the economic losses and mental damages by RMB150,000, and the reasonable expenses for rights protection by RMB 5,000, totaling RMB155,000.
Screenshot of Beijing Court Trial Information Network
In this regard, the defendant New Oriental Consulting argued that it was deleted immediately after it was informed of the alleged infringement facts in this case. Subjectively, there was no intentional infringement, and objectively, there was no loss to the plaintiff. The amount of compensation claimed by the plaintiff is too high and will not be recognized.
The court of first instance held that the defendant, New Oriental, used Liu Xiang's portrait in an article published on the official account of WeChat involved in the case without consent, which constituted a violation of Liu Xiang's portrait right. Although the article involved used the portrait of the plaintiff Liu Xiang, the relevant photo was Liu Xiang Stadium, and the portrait was not defaced or defaced, and the infringement was minor.
Therefore, the court ruled that Beijing New Oriental Future Overseas Consulting Co., Ltd. apologized to the plaintiff Liu Xiang in writing and compensated Liu Xiang for the economic loss of 6,000 yuan.
The Red Star Capital Bureau has learned that according to the national enterprise credit information publicity system, the overseas consultation of New Oriental is New Oriental (0990 1. HK)。
As of the press release of Red Star Capital Bureau, the share price of New Oriental was reported as 17.82 Hong Kong dollars/share, down 1. 1 1%, with a total market value of 30.24 billion Hong Kong dollars.
Liu Xiang sued New Oriental Subsidiary for infringement of portrait rights. On July 7, according to the Beijing Court Trial Information Network, the judgments of Liu Xiang and Beijing New Oriental Future Abroad Consulting Co., Ltd. (hereinafter referred to as New Oriental Future Abroad) were made public.
Liu Xiang sued that on August 9, 2006, 2065438, New Oriental went abroad without permission, and published the article "From Liu Xiang eight years ago to Fu China this year" on the official WeChat account "Studying in New Oriental American Middle School", using a number of portrait photos of Liu Xiang, with advertisements and commercial information attached at the end of the article, which constituted an infringement on Liu Xiang's portrait rights.
Liu Xiang brought a lawsuit to the court, demanding that the defendant apologize for 60 consecutive days in the national WeChat official account newspaper and its official WeChat official account, and compensate the economic loss of 65,438+5,000 yuan for mental damages and 5,000 yuan for reasonable rights protection.
New Oriental went abroad to argue that it immediately deleted the above articles after learning the facts of alleged infringement, and there was no intentional infringement subjectively, which did not cause losses to Liu Xiang objectively. The amount of compensation demanded by Liu Xiang is too high.
Confirmed by the court, the screenshot of the background information of WeChat official account shows that the above article has been deleted, and the reading volume at the time of deletion is 676.
The first trial held that New Oriental's going abroad in the future constituted an' infringement' on Liu Xiang's portrait right. Liu Xiang's portrait was used in the article involved, but the related pictures were all of Liu Xiang stadium photos. Liu Xiang's portrait was not defaced or defaced, and the infringement was minor, so he was ordered to apologize in writing. As appropriate, the economic loss of Liu Xiang is determined to be 6000 yuan.
On July 7th, Wei Yanling, a partner of Beijing Ting Yun Law Firm, told Interface Education that if the defendant uses portrait photos for commercial purposes, he will make a judgment based on comprehensive considerations such as popularity, scope of influence and whether the defendant is profitable.
"The reward of 6000 yuan is mainly based on its use form. (Portrait photo) is used in articles, which is different from the scenes displayed separately. It is to take photos of Liu Xiang and post them in particularly conspicuous places, such as billboards and the homepage of websites. The court will consider many plots. " Wei Yanling told Interface Education.
As of press time, New Oriental did not respond.
Liu Xiang is not the first star to sue the official WeChat account for using her photos in articles. In 2020, a media blogger was sued for using the portrait of artist kiku without permission. The court of first instance rejected all kiku's claims, arguing that the articles involved in the official WeChat account were not published for profit, nor were they intended to squeeze kiku's commercial value to increase sales. There was no fault and it should not bear tort liability.
Kiku refused to accept the judgment of the first instance and appealed to Shanghai No.1 Intermediate People's Court. The second trial lost again. The judgment of kiku's portrait right case reads: "As a public figure in the entertainment circle, the plaintiff should have a certain tolerance obligation to the photos publicly released by the public."
In the case of celebrity portrait rights, the tweets published by the official WeChat account of medical beauty platforms such as Duomei and Xinyao have been sued by many celebrities because they often involve speculation and judgment on celebrity cosmetic surgery.
According to Tianyancha APP, Beijing Perfect Creative Technology Co., Ltd. (hereinafter referred to as Beijing Perfect Company), the main operator of the well-known medical beauty platform "More Beautiful APP", has had 24 disputes over portrait rights since 20 19, involving many artists such as Jin Dong, Zhao, Zhao and so on.
In the dispute with celebrity portrait rights, Beijing Perfect Company was awarded damages for many times. For example, in 2020, he was awarded compensation for Liu Shishi's economic loss of 6.5438+0.3 million yuan, and issued an apology statement on the official WeChat account for 654.38+00 days; Wu Jingyi was awarded compensation of more than 200,000 yuan.