What responsibility should Andy Lau bear for the advertising incident?

1. What kind of rights does Peking University Manchu enjoy to the content of the copy? Written works and audio-visual works are the objects of intellectual property rights, and the Copyright Law has made special provisions on copyright and rights and interests related to copyright. The content of Audi's advertising copy was published in the circle of friends by Peking University Man Ge in the Mid-Autumn Festival in 218, and was released again in the form of short videos last year and the year before. Peking University Man Ge is the creator of the content involved in the advertising copy and enjoys the copyright of the advertising copy.

second, what is the plagiarism of Audi advertising copy? Audi's act of shooting and advertising the copy created by Peking University Man Ge without the authorization of Peking University Man Ge infringes the copyright of Peking University Man Ge, which belongs to copyright infringement. Article 12 of the Civil Code stipulates that if the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability. The specific types of rights that may be involved in this incident include the right of reproduction, the right of information network communication, the right of performance, the right of filming, the right of adaptation and so on.

3. Who will be responsible for Audi, advertising company and copywriter? What are the ways of responsibility? 1. As the copyright owner, Peking University Man Ge has the right to ask the infringer to bear the tort liability. Audi, as the subject of advertising, is the subject of tort liability, and Peking University Man Ge can sue Audi for tort liability; 2. Because the creative agency is the main body of advertising, it should also bear the tort liability if it actually commits infringement; 3. If the contract between Audi and the advertising company stipulates the copyright infringement clause, Audi may require the advertising company to bear the liability for breach of contract according to the contract after assuming the liability for compensation. 4. In copyright cases, the ways of civil liability are: stopping infringement, compensating losses, apologizing, eliminating influence, etc. The obligee can claim independently or jointly.

4. Is Andy Lau responsible for the infringement? What rights can you claim? 1. When consumers' rights are damaged, advertising spokespersons and advertisers may be required to bear joint liability according to this provision. According to the Advertising Law, if an advertising spokesperson knows or should know that the advertisement of goods or services other than consumers' life and health is a false advertisement, but still recommends or proves it, he shall be jointly and severally liable with the advertiser. The incident belongs to the legal relationship of copyright infringement, and Peking University Man Ge claimed the right protection because of copyright infringement, not the tort liability when the consumer of Audi car was damaged. Therefore, in this case, Andy Lau does not apply the provisions of the Advertising Law on joint liability of advertising spokespersons and advertisers. 2. The obligor for obtaining the permission of the original author is not Andy Lau. According to the provisions of Article 38 of the Copyright Law, performers should obtain permission from the copyright owner and pay remuneration for using other people's works to perform. Where a performance organizer organizes a performance, the organizer shall obtain permission from the copyright owner and pay remuneration. It can be seen that Andy Lau reads or performs the works according to the contract with Audi, and Audi and the advertising creative agency have the legal obligation to obtain the permission of the copyright owner. 3. Andy Lau enjoys the performer's right to advertising short videos. Article 39 of the Copyright Law stipulates that performers enjoy independent rights to their performances. Therefore, Mr. Andy Lau has independent rights to video advertisements, and can authorize Audi, advertising companies, publishers and others to use the rights of Mr. Andy Lau's performers involved in the advertisements. 4. In addition, if Mr. Andy Lau suffers from loss of reputation or other losses due to this incident, he can ask Audi to compensate for the losses according to his contract with Audi.

5. Does the advertising creative service team take responsibility? According to the network data, after the advertisement was published, the producer of the advertisement copy published the information that the advertisement was from his own hands from the media, and the advertising team that copied and pasted the copy had obvious intention of plagiarism. According to the provisions of Article 1191 of the Civil Code, if the staff of the employer causes damage to others due to the performance of work tasks, the employer shall bear the tort liability. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. Therefore, the advertising company has the right to recover from the person in charge of its advertising creativity after taking responsibility.

VI. Does the advertising publishing platform take responsibility? As a network service provider, the advertising publishing platform has the obligation of "notification-deletion", that is, when a copyright infringement case occurs, the network service provider is obliged to delete it in time after receiving the infringement notice from the right holder, otherwise, once it is identified as infringement, it will be jointly and severally liable with the users for the expanded losses.

VII. How does Man Ge protect his rights and maximize his interests? If Man Ge sues Audi or advertising creative company for compensation, how can he claim to maximize the compensation amount? Article 54 of the Copyright Law stipulates the scope and calculation standard of compensation for losses. In judicial practice, there are the following ways to determine the compensation for losses in infringement cases of copyright works: 1. The actual losses of the obligee. It is difficult to determine how much loss Peking University Man Ge caused by the plagiarism of advertising copy. Even without this incident, the texts and videos published by Peking University Man Ge are still in the network, and it is difficult to determine the actual loss. 2, the infringer's illegal income. As an infringer, Audi's illegal income is also difficult to estimate, so it is difficult to measure the compensation amount with Audi's illegal income in this incident; It is reasonable and feasible to take the advertising production expenses obtained by the advertising creative company as the amount of loss compensation. It is not difficult to infer that the advertising company in the incident should earn a lot of money in Audi advertising production. 3. royalties. According to Article 5 of the Measures for Payment of Remuneration for the Use of Written Works, the calculation standard of remuneration for original works is 8-3 yuan per thousand words; Poetry is counted as 1 words for every ten lines, and works with less than ten lines are counted as ten lines. 4. At the discretion of the court. If it is still difficult to calculate according to the first three items, the court will award compensation of more than 5 million yuan to 5 yuan according to the circumstances of the infringement. The above standard is the calculation method of the amount of compensation claimed in the process of litigation, and litigation is one of the ways to solve disputes; If Audi and the advertising creative company can obtain the ex post authorization of Peking University Man Ge and reach an agreement on the royalty, they will win.