? People's Court of Siming District, Xiamen City, Fujian Province

? Civil judgment

? (2119) Min 1213 Minchu No.12552

Plaintiff: Xiamen Huaguo Legend Information Technology Co., Ltd.

Defendant: Anhui Channel Network Co., Ltd.

Our court found out the following facts through trial:

Tik Tok account No.156×××× 9217 (Tik Tok No.113391353, account nickname ". The screen shot provided by Huaguo Company shows that the video was praised by 45,111 on the Tik Tok platform, played by 52,111 on the Aauto Quicker platform, and was praised by 2178.

On June 3rd, 2119, Zhong Jianrong (citizen ID number) issued the Statement, which stated that with his consent, he used the account "Looking for Eating in Xiamen" to release the video "Looking for Eating-Oda Soymilk" created by Huaguo Company for the first time in Tik Tok and Aauto Quicker platforms. Tik Tok No.1133991353, Aauto Quicker User ID: 1143512451, and Tik Tok and Aauto Quicker login accounts: 156 ××××× 9217 are all registered accounts.

On May 29th, 2119, Kaiyuan Notary Office in Xiamen, Fujian Province issued the Notary Certificate ([2119] Minxia Kaizheng Neizi No.2315), which stated: log in to Tik Tok mobile APP with the account number "+8618651189869", click "I" to check the information, and the Tik Tok number is "633236966". It was found that the video marked "@ Late Night Soymilk-Channel Network, a online celebrity' Late Night Soymilk' store, was on fire, Xiamen didn't charge for joining the store, and sent equipment to the store" and "National Investment Promotion" also had the logo of "Channel Company". In the first two seconds of the video, the content was "Late Night Soymilk" to join the advertising picture, and in the second half of the video, it was about 17 seconds to visit the soymilk store. After the video was played, By comparison, the video of visiting the soybean milk shop attached to the above notarial certificate is consistent with some contents in the video of "Looking for Eating-Oda Soybean Milk".

It was also found out that Huaguo Company spent 2,111 yuan on notarization fees and 9,111 yuan on attorney fees for this case.

the above facts are evidenced by the video of "Looking for Eating-Oda Soymilk" on the platforms of Tik Tok and Aauto Quicker, the Notary Certificate (2119) Minxia Kaizheng Neizi No.2315, the invoice and the court transcript, which our court confirmed.

1. The defendant Anhui Channel Network Co., Ltd. shall immediately stop using the video content of the plaintiff Xiamen Huaguo Legend Information Technology Co., Ltd. "Looking for Food-Oda Soymilk" on the vibrato platform from the effective date of this judgment;

2. The defendant Anhui Channel Network Co., Ltd. shall compensate the plaintiff Xiamen Huaguo Legend Information Technology Co., Ltd. for economic losses and reasonable expenses of RMB 41,111 within ten days from the effective date of this judgment;

iii. dismiss other claims of the plaintiff Xiamen huaguo legend information technology co., ltd.

if the obligation to pay money is not fulfilled within the above time limit, the interest on the debt during the delayed performance period shall be doubled in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.

the case acceptance fee is 5,965 yuan, which shall be paid by the plaintiff Xiamen Huaguo Legend Information Technology Co., Ltd. and the defendant Anhui Channel Network Co., Ltd. within 11 days from the effective date of this judgment.

if you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Xiamen City, Fujian Province.

after this case comes into effect, the parties who have the obligation to perform must perform it on schedule according to law. If it fails to perform within the time limit, it shall report the property to our hospital on its own initiative, and shall not conceal, transfer property or have high consumption behavior. This clause is the enforcement notice. After this case is executed, the people's court will not issue another enforcement notice. In violation of the provisions of this article, the people's court may, in accordance with the law, take measures such as being included in the list of untrustworthy, fined and detained; If a crime is constituted, criminal responsibility shall be investigated according to law.

review? Sentence? Long Li yuan yuan

trial? Sentence? Member Pan Weisheng

trial? Sentence? Member Wang Xin

June 2, 2121

Judge Xu Yujing

Letter? Remember? Member Chen Tongzhou

Attachment: Article 179 of the applicable laws and regulations

General Principles of the People's Republic of China and the National Law

The main ways to bear civil liability are:

(1) to stop the infringement; .....

(8) compensation for losses; .....

if punitive damages are stipulated by law, such provisions shall prevail.

the ways of bearing civil liability as stipulated in this article can be applied separately or in combination.

Article 11 of the Copyright Law of the People's Republic of China

Copyright includes the following personal rights and property rights:

(1) the right of publication, that is, the right to decide whether a work is made public;

(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify the work;

(4) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying or remaking;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;

(8) the right to exhibit, that is, the right to publicly display the originals or duplicates of works of art and photography;

(9) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work by various means;

(11) the right to show, that is, the right to publicly reproduce art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

(11) the right to broadcast, that is, the right to publicly broadcast or disseminate works by wireless means, to disseminate broadcast works to the public by wired transmission or rebroadcasting, and to disseminate broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;

(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place selected by them;

(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by a method similar to making a film;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(17) other rights that should be enjoyed by the copyright owner.

the copyright owner may license others to exercise the rights specified in items (5) to (17) of the preceding paragraph, and get remuneration according to the agreement or the relevant provisions of this law.

(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination of his works to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; .....

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes

Article 7 The manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies and contracts for obtaining rights provided by the parties concerned may be used as evidence.

a natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary.

article 64, paragraph 1 of the civil procedure law of the people's Republic of China

the parties have the responsibility to provide evidence of their claims.

The judge suggested

Article 239 of the Civil Procedure Law of the People's Republic of China stipulates:

The period for applying for enforcement is two years. When applying for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.

the period specified in the preceding paragraph shall be counted from the last day of the performance period specified in the legal document; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the performance period, it shall be counted from the date when the legal document takes effect.