Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizen Xiao Zhan for the clue delivery! CTOnews.com news on April 26, on the morning of April 24, Shanghai Xuhui District people's Court (hereinafter referred to as "Shanghai Xuhui Court") held a press conference on typical cases of intellectual property rights related to online games to inform the public of typical cases. CTOnews.com found that three of the series of copyright infringement disputes involved the same character image of "Fengyuan Wanye", and the defendants were all UP masters of bilibili.

The defendants of the three cases uploaded game videos containing the character through the short video platform before the role was made public. To this end, the three were respectively sued by the game company to the court. All three argued that the game picture was not published for the first time, but was transported from other websites; that they did not know and should not know that the reprinted video was involved in infringement, and that there was no subjective intention of infringement; and that the economic loss in the plaintiff's claim did not actually occur.

After the trial, the court ordered the defendants Ji, Shi and Bo to compensate the plaintiff for economic losses and reasonable expenses totaling 25000 yuan, 15000 yuan and 20,000 yuan respectively, and rejected the rest of the plaintiff's claims.

Shanghai Xuhui Court said that music, pictures and words in online games can all constitute works separately, and some well-designed and original game characters contain huge market value by building the basis for the commercialization of the game. When the court tries the tort caused by it, it shall protect the commercial achievements in accordance with the law, stop the occurrence of the infringement, and safeguard the legitimate rights and interests of the right holder. Once the tort occurs, the consequences of the damage may not be made up by way of litigation.

In order to better protect independent intellectual property rights, game companies should not only register and register the ownership of intellectual property rights, but also retain the formation process of "writing" in their creation. and adopt the "trade secret" protection mode for the game characters, animation scenes and stories with commercial value. For the self-media workers who publish or reprint game-related videos, they should pay reasonable attention to the published content, knowing or knowing that the game character image has not been officially released and the right holders are not allowed to make it public, its unauthorized release behavior obviously has subjective fault and should bear the corresponding legal responsibility in accordance with the law.

The "original God" game independently developed by the plaintiff takes the game role as the core, and then links the "periphery" for commercial operation, so its game role contains great commercial value, and the game also opens up new scenes by introducing new game characters. enrich the storyline and profit from selling characters. In the three cases, before the release of the game character image of "Maple original Wanye", the game UP owner on the "bilibili" website posted videos related to the game role of "Fengyuan Wanye" obtained through internal tests on the website without authorization, infringing on the plaintiff's right of information network dissemination to the game character of "Fengyuan Wanye". When considering the amount of compensation awarded, the presiding judge broke through the existing ideas of trying disputes over the right to disseminate information through the network. In addition to considering the common factors of legal compensation, the presiding judge also noted that the tort occurred when the game role of "Maple Yuan Wanye" had not yet been released. It will indeed cause damage to the plaintiff's business model with the game role as the core, and finally determine the amount of compensation in this case.

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