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Infringement of copyright - hair company compensate ten thousand yuan
Policies and regulations -
Infringement of copyright hair company ten thousand yuan < p > 2017 -
16 13:24:40 < / p > < p > a image design institute of design and production of hair the picture is websites, is also a hair co. , LTD. , as his work published in the newspaper advertising, image design institute thinks his copyright violations, court will hairdressing co. , LTD.
Recently, this case by the same court trial, the defendant public apologies and compensation for the plaintiff economic loss of 10000 yuan.
The plaintiff a certain image, according to the design institute v. the defendant on December 22, 2006, published in the newspaper advertising campaigns, using pictures with five of the plaintiff's design style, the defendant to use the image without the consent of the plaintiff also did not pay any payment in advance.
The plaintiff that the defendant's act seriously violated their own legitimate rights and interests before the defendant filed for court ads newspaper apologies, apologize to the plaintiff, eliminate the influence, and to compensate the plaintiff's loss of 100000 yuan.
< / P > < P > the defendant a hairdressing co. , LTD. , argues that the use of works from the site, and does not indicate the holder of the online is the plaintiff, did not indicate the download banned to use words, the plaintiff cannot prove its litigation work book rights.
< / P > < P > court to find out, in October 2005 between the plaintiff sign cooperation agreement with five models respectively, each agreement the plaintiff do hairstyle to these models, the plaintiff is responsible for the retention into pictures.
The images taken by mutual agreement, the contract period, the plaintiff is entitled to permanent retention.
The plaintiff will these five models of hair photos published in February 2006 the journal hair salon.
Another found that the defendant was in the newspaper on December 22, 2006 with the plaintiff's 5 images of hair.
Heping district in the city notary office in February 25, 2007, using photo source for notarization to the defendant, to prove these photos from jiangxi beauty beauty hair net.
< / P > < P > the court held that the plaintiff image design institute of the creation of 5 images of hairstyle works enjoy copyright in accordance with the law, the defendant hairdressing co. , LTD. , without the permission of the copyright owner, unauthorized use of the plaintiff constitute infringement, to work toward others in accordance with the law to stop the infringement, to apologize and compensate for the losses civil liability.
Since the defendant can put forward photos legally use source, and USES only a plaintiff's work, so the subjective malicious degree is not big, but discretion to determine the amount of compensation according to law.
Final court the defendant a hairdressing co. , LTD. , in the newspaper ads before apologize statement, and compensate the plaintiff economic loss of 10000 yuan.
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