A hundred thousand cold jokes. Where is the infringing Hulu brother%

In the mobile games of "100,000 Cold Jokes" and "100,000 Cold Jokes", there are characters such as Dawa, Erwa, Sanwa, Siwa, Wuwa and Qiwa. These cartoon characters infringe upon the film studio's right to edit the cartoon characters of Huluwa and the right to spread information on the Internet. On September 9, this newspaper learned from the Shanghai Intellectual Property Court that recently, the court has imposed penalties on the appellants Beijing April Star Network Technology Co., Ltd., Tianjin Xianshan Culture Communication Co., Ltd., Beijing Fun Network Technology Co., Ltd., Blueport Online (Beijing) Technology Co., Ltd. and the appellee Shanghai Animation Film Studio Co., Ltd.? ) and the original defendant Shanghai Le Shu Network Technology Co., Ltd. made a judgment on the case of copyright ownership and infringement dispute, and upheld the judgment of the first instance. In April, Star Company, fairy mountain Company, Fun Company and Blueport Company should immediately stop infringing the copyright of Huluwa's animation art works of the American film studio, and jointly compensate the American film studio for economic losses of 500,000 yuan and reasonable expenses of 65,438 yuan.

The Shanghai Intellectual Property Court held that the cartoon Hulu Brothers produced by Meiying Factory has a high reputation, and Meiying Factory enjoys the copyright of Hulu Brothers cartoon and Huluwa cartoon figure art works except the right of signature.

In April, Star Company and fairy mountain Company signed the Contract for Writing Charged Works with Chen Moumou, an outsider, and obtained the copyright100000 comic works. 1, 2065438, in April, Star Company, Fun Company and Blueport Company signed the Cooperative Development and Operation Agreement. In April, Star Company, as the copyright owner of comic works and animation works of "100,000 Cold Jokes", agreed that Fun Company would adapt "100,000 Cold Jokes" into a mobile game, and Blueport Company would be the sole agent and operator of the adapted game.

The film studio believes that there are big dolls, two dolls, three dolls, four dolls, five dolls and seven dolls in the mobile games of "100,000 Cold Jokes" and "100,000 Cold Jokes", and the above cartoon images infringe the film studio's right to edit the cartoon images of Huluwa and the right to spread information on the Internet.

In April, Star Company, fairy mountain Company, Fun Company and Blueport Company jointly developed and operated the involved games "100,000 Cold Jokes" and "100,000 Funny Jokes", which constituted copyright infringement for the film studio, so they sued the court and asked the four companies to immediately stop the infringement and make a statement to eliminate the influence. Four companies and Le Shu Company compensated the film studio for economic losses of 5 million yuan.

April Star Company, fairy mountain Company, Fun Company and Blueport Company all argued that the six competing cartoon characters in the game involved used six works of art by Fu Luwa, for whom April Star is copyrighted. Fuluwa is a teenager with a comic style, which is different from the cartoon image of paper-cut style in Hulu Brothers. There are great differences between them in head-to-body ratio, face shape, hair color, facial features and so on. The similarity between Fluva and Huluwa is only the clothing part. The design of the gourd crown on the head, the apron at the waist and barefoot all come from the elements in the public domain. Fuluwa and Huluwa do not constitute substantive similarity in the sense of copyright law, so they do not constitute copyright infringement for some reason.

After hearing the case, the court of first instance held that the six cartoon images of Huluwa are the basic images of Huluwa outlined by the author with lines and colors, which have the characteristics of strong, powerful and innocent characters and reflect the author's composition selection and painting skills. The cartoon image of Huluwa forms a concrete and fixed expression of the role modeling of Huluwa through the use of lines, outlines, costumes and colors, which is artistic, original and reproducible and belongs to works of art. Meiying Factory is the copyright owner of six Huluwa cartoon characters and has the right to prohibit others from infringing the copyright of the above works. Dress characteristics are an important part of character image characteristics. Six pieces of Fuluwa are the same as six pieces of gourd dolls in the details of clothing characteristics, but the colors are different, so it can be concluded that they are similar in essence.

The court of first instance found that the six works of art of Fu Luwa in the game involved were substantially similar to the six works of art of Huluwa in the cartoon "Huluwa Brothers", which constituted copyright infringement. The first instance ruled that in April, Star Company, fairy mountain Company, Fun Company and Blueport Company immediately stopped infringing on American film studios? Huluwa? Copyright behavior of animation art works; Make a statement to eliminate the influence; In April, Star Company, fairy mountain Company, Fun Company and Blueport Company jointly compensated the film studio for economic losses of 500,000 yuan and reasonable expenses of 1.95 million yuan.

In April, Star Company, fairy mountain Company, Fun Company and Blueport Company refused to accept the first-instance judgment and appealed to the Shanghai Intellectual Property Court.

After hearing the case, the Shanghai Intellectual Property Court held that the difference between the cartoon image of Fuluwa and the cartoon image of Huluwa lies in the body part of the cartoon image, and the similarity between them lies in the clothing part. The appellant claimed that the costumes of the cartoon image of Huluwa came from the public domain and were not protected by copyright law, but only proved that the individual elements of the costume of Huluwa came from the public domain, and failed to prove that there were costumes that were substantially similar to the overall costume of Huluwa before the cartoon image was created. "Fu Luwa" is a new work adapted by Huluwa. In April, the star company violated the right to adapt the works of Meiying Studio. In April, Star Company and fairy mountain Company successively provided animation image authorization for the games involved, Fun Company developed the games involved, and Blueport Company operated the games involved, which * * * infringed on the information network communication right of the works of the Film Studio. The court of first instance comprehensively considered the popularity and reputation of the film studio's works involved, the authorization fee of the film studio's works, the subjective intention of the infringer, the duration and scope of the infringement, and the proportion of anime images in the game involved, and determined the amount of economic loss compensation at its discretion to be 500,000 yuan, which was maintained within a reasonable range. The appellant shall be jointly and severally liable for compensation in case of division of labor and cooperation.

To sum up, the Shanghai Intellectual Property Court ruled that the appeal was dismissed and the original judgment was upheld.