without the permission of Chinese master master nan, without authorization, the photos published in books for commercial use, master nan will be four press and a famous website to court. 18 in the case of Beijing chaoyang district people’s court, one of the press agent argued in court, this behavior is reasonable use, there is no economic and spiritual compensation, and legal fight.
master nan said in the complaint, without his consent, hainan publishing house, earthquake publishing house, changjiang literature and art press, shaanxi normal university, CNS, and information technology co., LTD., Beijing century for-profit use his image, image rights have been infringed, asking them to stop the infringing act, and published in the China press and publication news apologies, at the same time I have to apologize to Mr Master nan, compensation for the economic losses and spiritual damages of a total of 550000 yuan.
master nan’s attorney Xu Chong, said the four press published four books, respectively, in the south, unwittingly Mr Cover, back cover, or the cover page, or book content is used in the portrait master nan, use the least number of for 5 times. These publications quality is not high, patchwork, affect the image of the master nan, especially by famous website joyo and dangdang network across China sales, the effect is more extensive.
the earthquake publishing house agent said in court, the plaintiff sues press image rights infringement fact is true, because the work omissions caused serious influence to the other side, here solemnly apologize to Mr Master nan. The press printed 1000 copies of books already. Books mainly involved, he said, is to carry forward the master nan’s knowledgeable ideas, no discredit, distort and harm the image of the text, the plaintiff’s claim for the amount of the economic losses of 80000 yuan is too high, hope to reconsider economic compensation claims.
hainan press, the attorney said, to master nan image right infringement facts, but the publication of “learn from the master To master nan learn life wisdom, master nan’s wisdom and life are positive propaganda, not their spiritual damage, so there is no question of compensation for mental loss.
the changjiang literature and art publishing house entrusted agent Chen Shuiyuan believe that Mr Master nan as master Chinese study, social public figure, in the case of books for legal publications, cover, back cover match with the image of the suave Mr Master nan is a natural thing, should be reasonable use, do not violate their rights.
Xu Chong said in an interview with reporters after the hearing, in recent years, “Mr South banner book behavior intensified. Using someone else’s portrait should fight for my permission, which is the basic common sense. Changjiang literature and art publishing house, however, still think their behavior is not infringement, also does not stop the infringing act, the degree of subjective fault is greater. South, he says, not the name of not for profit, just in order to protect the interests of the more readers, he is with one voice, an attitude, a legal way to blow the infringement.
the case hearing lasted nearly two hours, the judge not convicted in court.