100,000 cold jokes infringe gourd brothers, how does the court judge?

Recently, 100,000 cold jokes are suspected of infringing Hulu brothers. Of the100000 jokes involved in the game, 6 are similar to the characters of the six gourd dolls in the cartoon Hulu Brothers, which constitutes copyright infringement.

The court of 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.

Later, although the four companies refused to accept the first-instance judgment, they appealed to the Shanghai Intellectual Property Court. After hearing the case, the Shanghai Intellectual Property Court held that in April, Star Company infringed upon 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. Considering the time and scope of infringement, it is determined that100000 jokes will compensate the Hulu brothers for economic losses of 500000 yuan, and the amount of compensation determined is within a reasonable range, which will be maintained. The appellant shall bear joint and several liability for compensation in case of joint infringement through division of labor and cooperation. Shanghai Intellectual Property Court rejected the appeal and upheld the original judgment.

Extended reading:

Copyright infringement?

Copyright infringement refers to all acts that violate the copyright law and infringe the personal rights and property rights of the copyright owner. Specifically, any actor who commits the acts specified in Articles 47 and 48 of the Copyright Law infringes on the copyright of others and causes property or non-property losses is a violation of copyright. ?

The fact of infringement is that the actor uses the copyright owner's works, performances, audio-visual products and radio and television programs in accordance with the conditions of use stipulated in the copyright law without the permission of the copyright owner. Copyright infringement, without the consent of the author and other copyright owners, is not a case of fair use and legal use, but an unauthorized use of the work, so it is a violation of copyright law. This kind of infringement may damage the personal rights and property rights of other people's works at the same time. For example, illegally copying other people's works may only infringe on the property rights of other people's works, while counterfeiting other people's works often infringes on the personal rights and property rights of other people's works at the same time. ?