Beware!Cartoon cake hides risks
Original title: Beware!Cartoon cake hidden copyright risk cake is one of the most common products celebrating.The cake shop is attracting customers, especially children’s groups, often placing some cute cartoon dolls on the cake, such as "Pleasant Princess", "Little Pig Patchet", "Sea Size", etc., I don’t know such cartoon.Cakes have infringement risk.
Due to the unauthorized use of "Seabed Small Collections" Cartoon Doll, "Seabed Small Column" Cartoon Doll, "Seabed Small Column" copyright Fang Wanda Children’s Culture Development Co., Ltd. (hereinafter referred to as Wanda Child Company)Court.
Recently, after the mediation of the court, the two sides reached a reconciliation, and the West Point Fang compensated the economic loss of Wanda children and the economic loss of 8,000 yuan.The Chinese Intellectual Property Reporter learned from the Nantong City Intermediate People’s Court, in the past two years, the hospital accepted 63 copies of copyright infringement involving the "Seabed Small Column", which involved 4 pieces of "seabed small collet" cartoon dolls on the cake.It also reached a reconciliation.
Cartoon cake has been understood, and the "Seabed Small Column" series of cartoons have been broadcast in the world’s more than 100 countries in more than 100 countries in 2010, and they are deeply loved, cartoons. "The Philosopher" "Barke leader" "" and other anime images have extremely high visibility.
In 2017, Wanda Children’s Company was authorized to obtain the relevant authority of the above work in China.
Wanda Children’s Company has been investigated that Nantong City, a West Point Flood in Nantong City has not been permitted. On its sales cake, the "Seabed Small Column" related cartoon dolls, 遂 权 权 权 权 由 由 由 由 由 由 由 由 以 以The defendant stopped infringement and compensated economic losses and rational costs of 50,000 yuan. After the court presided over the mediation, the two sides reached a conventional agreement, the defendant compensation was 8,000 yuan, and the plaintiff withdrew the prosecution of the defendant. The reporter noticed that similar disputes were very much. In August 2020, Zhou received the court summons and prosecutions in Cixi County, Ningbo City, Zhejiang Province, which is also because of the cartoon doll decoration of the "Seabed Small Column" on the cake sold in Zhou Mou. In the 上海品茶上课v信 case, the court was tried, and Zhou’s cake shop publicly sold the cake containing artwork involved in the store, which constituting infringement and should bear the corresponding civil liability. Zhou wrote that the results of the judgment of the first-instance judgment were enrolled to the Ningbo Intermediate People’s Court. After hearing, the second instance maintained its original judgment. In response to the frequent phenomenon of such cases, the Judge Huang Chuanhua, the Judge Huang Chuanhua, the Justice Tria, the interview with the reporter, according to the provisions of my country’s current copyright law, through the sale, gift and other forms The public is provided with the work or replica of the copyright, belonging to the copyright.
In such cases, cartoon animation such as "Seabed Small Columns" 上海水磨休闲中心 has a long-term propaganda, promotion, has formed a huge audience of school-age children. The cake store provides a well-known cartoon doll to unspecified public in the form of cake ornaments, enhances the attraction of cake products to relevant consumer groups, and objectively adds the commercial value of the product. Therefore, the cake shop is a commercial use behavior for the use of cartoon dolls. It does not meet the rational use scenario regulations, and if the cake shop does not provide the relevant evidence that the use of legal sources is provided, its behavior constitutes a copyright infringement, and it should bear legal responsibility such as stop infringement and compensation.
Decorative use Conditions In the cake cartoon doll copyright dispute case, many of the defendants have arguible to purchase the 爱上海龙凤 above-mentioned accused infringement cartoon dolls through the e-commerce platform or entity toy store, and its use should not be restricted. So, can such a statement be an exemption? In this regard, Liu Wenjie, Professor, China Communication University, said in an interview with this reporter that the cake shop is in its sales of cartoon dolls, which actually belongs to the issuance of the work, this behavior should obtain the copyright owner in advance. Authorization. Did not obtain the copyright owner, self-or entrusting others to make cartoon dolls, using it on the cake to the public, constitute a violation of the issuance rights.
It should be noted that there is a "principle of issuance rights in the copyright", also known as "First Sales Principles" or "Rights of Rights", its meaning is: Original or copy of the work, once the copyright owner is licensed, Or giving, the original or copy of the re-selling or gift is no longer controlled by the copyright owner, the so-called roof.
The principle of "distribution rights" aimed at solving the circulation and copyright conflict of the work carrier, if the issuance of the issuance has always existed, the person who gets the ownership of the work carrier can not be able to dispose of it, and the carrier owner is not Fair, therefore requested copyright to make a step.
In Liu Wenjie, the application of the principle of "the principle of issuing the right to exhaust", the original or copy parts for the first time for sales or gifts have been issued by the copyright owner’s issuance, illegal production or sales of the original or copy parts of the works. List. If the current copyright law stipulates that the issuer of replicas can prove that the replica issued is legally sourced, it does not have to bear the liability of damages. The so-called legal source, including authorization or item from the copyright owner or goods from the relevant qualifications, the seller or entity toy shop on the e-commerce platform may sell legal replicas, and there is also the possibility of selling piracy.
If the cake shop has reasonable reason to believe that the merchant purchased cartoon doll has legal sources, but it is necessary to undertake the damages responsibility, but still stop using the infringement doll.
Huang Zhonghua believes that legal purchase does not mean it can be used casually.
In the above case, the cake shop operator purchases the doll is not self-contained, but the secondary business use, so in the court, in addition to providing relevant purchase channels, whether it is genuine, the goods are related to copyright People’s license should have a preliminary review, otherwise it may still be identified to form an infringement.
The relevant operators must enhance their legal awareness and will be suspected of being suspected of infringement cartoon doll products, which is both respect for the intellectual property rights of others, and can effectively avoid legal risks of their own business activities. In addition, in order to defend the "safety on the tip of the tongue", because the operator can’t confirm whether the Cartoon dolls use the food safety standards in accordance with the national requirements, it is not recommended to use cartoon dolls on foods such as cakes. Cartoon dolls add flowers on the cake, but it is not necessary to use it.
The operator should tighten the copyright, seeking the authorization to make the business have no worries. (Our reporter Hou Wei) (Editor: Lin Lu, Continuous) Sharing Let more people see the recommended reading.