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. Audi's advertising copy was released by Peking University Man Ge in the circle of friends on the Mid-Autumn Festival of 20 18, and was released again in the form of short video last year and the year before last. Man Ge of Peking University 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 publicizing the copy created by Peking University Mange without authorization of Peking University Mange infringes the copyright of Peking University Mange and belongs to copyright infringement. Article 120 of the Civil Code stipulates that if the civil rights and interests are infringed, the infringed person 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 to copy, the right to spread information on the internet, the right to perform, the right to shoot, and the right to adapt.
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 demand the infringer to bear the tort liability. As the main body of advertising, Audi is the main body of tort liability, and Peking University Manchu can sue Audi for tort liability;
2. Because creative institutions are the main body of advertisements, if they actually commit infringement, they should also bear tort liability;
3. If the contract between Audi and the advertising company stipulates the terms of copyright infringement, 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 the infringement, compensating the losses, apologizing, eliminating the influence, etc. Creditors may claim their rights separately or jointly.
4. Does Andy Lau have tort liability? What rights can be claimed?
1. When consumers' rights and interests are damaged, they may require advertising spokespersons and advertisers to bear joint liability according to this provision. According to the Advertising Law, if an advertising spokesman knows or should know that the advertisements of goods or services other than consumers' life and health are false advertisements, but still recommends or proves them, he shall be jointly and severally liable with the advertisement publisher.
The incident belongs to the legal relationship of copyright infringement, and Peking University Man Ge advocates rights protection because of copyright infringement, not the tort liability when Audi consumers are damaged. Therefore, in this case, Andy Lau does not apply the provisions of the Advertising Law on the 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 who use other people's works to perform shall obtain the permission of the copyright owner and pay remuneration. Where a performance organizer organizes a performance, it shall obtain the permission of the copyright owner and pay remuneration. It can be seen that Andy Lau reads or performs works according to the contract with Audi, and Audi and advertising creative agencies have the legal obligation to obtain the permission of the copyright owner.
3. Andy Lau enjoys the short video advertising rights of performers. 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 and publishers 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 claim compensation from Audi according to his contract with Audi.
5. Does the advertising creative service team take responsibility?
According to the network data, after the advertisement was released, the producer of the advertisement copy released the information that the advertisement came from his own hands from the media, and the advertising team that copied and pasted the copy had obvious plagiarism intention. According to the provisions of Article 1 19 1 of the Civil Code, the employer shall bear the tort liability if the staff of the employer causes damage to others due to the performance of work tasks. After the employer assumes the tort liability, it may claim compensation from the staff who have intentional or gross negligence. Therefore, after taking responsibility, the advertising company has the right to recover from the person in charge of its advertising creativity.
6. Does the advertising publishing platform take responsibility?
As a network service provider, the advertising publishing platform bears the obligation of "notification-deletion", that is, when a copyright infringement case occurs, the network service provider has the obligation to delete it in time after receiving the infringement notice from the right holder, otherwise, once the infringement is determined, it will be jointly and severally liable with the user for the expanded loss.
7. How did Mungo protect his rights and maximize his interests?
If Mungo sues Audi or an advertising creative company for compensation, how can he claim to maximize the amount of compensation? Article 54 of the Copyright Law stipulates the scope and calculation standard of compensation for losses. In judicial practice, there are several ways to determine the loss compensation of copyright infringement cases:
1, the actual loss of creditors. It is difficult to determine the extent of the loss caused by plagiarism of advertising copy in Peking University. Even without this incident, the text and video released 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 amount of compensation by 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 80-300 yuan per thousand words; Every ten lines of poetry count as 1000 words, and works with less than ten lines count as ten lines.
4. Decided by 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 500 yuan according to the circumstances of the infringement.
The above standard is the calculation method of claim amount 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 Mango and reach an agreement on the commission, they will win.