Liu Xiang sued the New Oriental subsidiary for infringement and obtained compensation. What happened?

According to the documents, the plaintiff Liu Xiang claimed that the defendant used his portrait in the article published by WeChat official account of "Studying in New Oriental American Middle School" without permission, and attached commercial propaganda information, which constituted an infringement on his portrait right. The defendant, New Oriental Company, argued that it was deleted immediately after it was informed of the alleged infringement facts, and there was no intentional infringement subjectively.

Liu sued Beijing New Oriental Future Overseas Consulting Co., Ltd., a subsidiary of New Oriental, because the company had published an article on WeChat, which used many photos of Liu and attached an advertisement for studying abroad at the end of the article. Without permission, Liu would never advertise with his own photos. To this end, he filed a lawsuit in court, demanding that New Oriental Future Overseas Consulting Co., Ltd. stop the infringement, apologize and compensate for the mental loss of 6.5438+0.55 million yuan. New Oriental deleted this article immediately after learning about it.

At present, the case has gone through the first and second trials. The court of first instance held that New Oriental's going abroad in the future constituted an infringement on Liu Xiang's portrait right. Although Liu Xiang's portrait was used in the articles involved, the related pictures were all of the photos of Liu Xiang Stadium, and Liu Xiang's portrait was not defaced or defaced, so the infringement was slight. Beijing Internet Court ruled in the first instance that the New Oriental subsidiary compensated Liu Xiang for economic losses of 6,000 yuan; Liu Xiang thought the compensation was too low and appealed. The Beijing No.4 Intermediate People's Court upheld the original judgment in the second instance, and Liu Xiang had to bear the case acceptance fee of 1045 yuan in the second instance. Some netizens joked that after two lawsuits, the compensation was not enough to pay the lawyer's fee.

After Liu Xiang won the case in the first instance, he only got 6,000 yuan in compensation, which immediately triggered a hot discussion among netizens: "The compensation is too small", "Liu Xiang is too kind" and "He did it not for money, but for reason". The court of second instance held that the economic losses determined by the court of first instance considering Liu Xiang's popularity, the fault degree of New Oriental Company, the number, scope and use of the portraits involved were in line with the law and were not improper, and our court upheld them. Liu Xiang's appeal was rejected, and he had to pay the case acceptance fee 1045 yuan. After two trials, Liu Xiang was finally sentenced to 6000 yuan.