Zhongshan lighting business administrative micro-blog alleged infringement claims using pictures

In order to increase the readability of information, Zhongshan, a lighting company will send a picture to its official micro-blog, but did not expect to eat the lawsuit on the infringement. Recently, the second city people's Court concluded the first case of Zhongshan enterprise official micro-blog pictures infringement case, lighting companies were identified as unauthorized forwarding the plaintiff photography on micro-blog infringement, sentenced to immediately stop using the pictures, pay 4500 yuan.

Plaintiff: copyright infringement of lighting company

According to reports, Getty Images (Beijing) Technology Co., Ltd. is authorized on behalf of the United States G ettyIm ages Inc in Chinese enterprise's. The day before, the canopy company to sue second Zhongshan City People's court, said the Zhongshan City Lighting Co. Ltd. in the absence of authorized, commercial purposes without authorization in the official Sina micro-blog G is used in the ettyIm ages China company enjoys copyright Iconica brand based on picture 1 (serial number: 90336891, content: windmill). While still on the official micro-blog G is used in the ettyIm ages China company enjoys the copyright of picture 2 (No. 73970376, No. 113008770: meeting;, content: hand), said lighting company has infringed their copyright enjoyed by property rights.

Defendant: not based on commercial purposes, not profit from

Lighting company confirmed in without authorization of the company under the canopy, in the use of micro-blog pictures involved. But the lighting company said the canopy company is not entitled to copyright, is not the case of the subject, and the company of micro-blog pictures from Baidu and other public media, the media did not canopy company copyright tips. The company is only in order to match the text description, increase the readability of the information to use the picture, not based on commercial purposes, but also did not profit from it, just to enjoy the use of pictures does not constitute infringement.

In January 8, 2013, the company canopy to apply for evidence preservation notarization in Zhongshan District of Dalian city in Liaoning province. Verified, a lighting company official micro-blog page shows a content of the windmill picture, the picture of "gettyim ages" in addition to eliminate the watermark, the corresponding content has the property right of the copyright and the canopy company number 90336891 picture exactly the same.

The court held that the right to copy and issue

Second Zhongshan City People's court held that the canopy company copyright claims pictures, provisions of copyright law of China photography. After the examination, the picture and the Getty lighting company in its use of official micro-blog enjoyed by the copyright of the content of the picture, the composition, the same photographic works. Lighting company without permission, unauthorized use of the pictures, and for the promotion of enterprise, violation of the canopy company shall enjoy the right of reproduction and distribution rights.