Original title: Shandong Lanxiang lost the lawsuit! To pay 170000 yuan & hellip& hellip;
Review of Shandong Lanxiang's losing lawsuit and Shandong Lanxiang's infringement
Shandong Lanxiang Technician College (formerly known as Shandong Lanxiang advanced technical school) was sentenced in the first instance to constitute an infringement of Han's portrait right because it used the portrait splicing pictures of E-sports player and well-known anchor Han Moumou in a prominent position on the main page of its relevant professional website, and accompanied with text content to publicize its establishment of specialty and enrollment.
Lanxiang college refused to accept the judgment of the first instance and appealed to the first intermediate people's Court of Beijing. On August 22, the first intermediate people's Court of Beijing made a judgment of second instance: rejecting the appeal and upholding the original judgment.
Use others' portraits on the homepage of the enrollment website
According to the information of the plaintiff's acting law firm, in November 2017, an article entitled "learning... Which is strong? Shandong Lanxiang..." and "Lanxiang technical school recruit... Students, it's embarrassing to see the famous teacher's materials and commit cancer" was widely spread on major network platforms, which contained an advertisement made of Han's portrait.
The advertising picture comes from the official website of relevant majors of Shandong Lanxiang technician college. It is made and released by Lanxiang school without the permission of Han.
In order to safeguard his legitimate rights and interests, Han Moumou immediately sued Lanxiang school to Beijing Haidian District People's court. On June 13, 2018, after hearing, the court found that Lanxiang school constituted infringement, so it ordered: the defendant Lanxiang school publicly issued a statement of apology in a prominent position on the front page of the website for 72 hours within 10 days after the judgment came into effect, and compensated the plaintiff Han Moumou for economic losses and reasonable expenses for rights protection, totaling RMB 170000.
Lanxiang school appealed against the judgment of first instance. On August 22, the second instance of Beijing first intermediate people's court rejected the appeal and upheld the original judgment.
The court held that the composition of tort liability for infringement of portrait right does not need to be "for profit" as an element. As long as it is consistent with the use of his portrait without the consent of the obligee, whether it causes damage or not, the publication, display or reproduction of another person's portrait shall constitute an infringement of the portrait right.
If Lanxiang school uses Han's portrait as a professional enrollment advertisement without Han's consent, it shall be deemed to be at fault and its behavior constitutes infringement;
In addition, the use of other people's portraits for advertising to increase the market recognition of their products or services has become a common illegal use of portraits for profit. Lanxiang school's use of Han's portraits for advertising is to improve the popularity and enrollment of the major, which should also be recognized as a profit-making behavior.
After the court's judgment, the anchor studio microblog published a blog: "the two-year road of litigation, on the one hand, I want to fight for my voice, on the other hand, I also hope to open up a way for my peers to protect their rights. I hope all those who work hard will be respected. "
In recent years, cases of infringement of celebrity portrait rights have emerged one after another. Recently, actor Wu Jing sued a hospital in Kunming and claimed more than 300000 yuan (see details: Wu Jing claimed 305000 yuan!), which aroused heated discussion among netizens.