Is It A Tort? Shu Ke'S Image Is Cloned.

Shu Ke's image is actually the two creation of Shanghai art film studio according to Zheng Yuanjie's Adventures of Shu Ke beta.

Similar disputes should be solved before the products are listed, otherwise, they will have some impact on the corporate image and bring unnecessary losses to the enterprises.

If you go to micro-blog, you must have heard about it.

In June 14th, on the micro-blog of fairy tale king Zheng Yuanjie, some netizens informed that the T-shirt of Metersbonwe was printed with the pattern of Shu Ke.

This is indeed the case.

stay

Zheng Yuanjie then responded to micro-blog, "no authorization! It's infringement! It will protect rights!" with three exclamation points, it is enough to imagine the astonishment of the fairy tale king after knowing the news and his determination to safeguard his rights.

Schuck

Why did Metersbonwe use the image of Shu Ke? It should be mentioned two years ago.

In June 2009, "Transformers II: a comeback" was released in China and the United States. The huge publicity campaign made the whole June a grand festival for young people.

Positioning in the young group of American States found that animation culture has been integrated into people's lives, creative, design and interesting cartoon image is particularly sought after by young people.

As a result, the United States and the copyright holder of the film - Paramount company in the United States, with the Transformers design of the T-shirt in the first tier cities trial sales, the market reaction is good.

In the trial sale process, the United States realized that Metersbonwe brand contained too many products, the problem was "everything has nothing, nothing is refined."

Therefore, the United States is determined to develop category brand, and has a hundred years of history of T-shirts successfully "win the bid".

In 2010, the United States launched the T-shirt brand MTEE.

TEE, meaning "T-shirt, T-Shirt".

MTEE is the abbreviation of My TEE or Meters/bonwe TEE.

The United States hopes that MTEE is not only a dress, but also a "painting paper". People can express various emotional appeals through it, and become a carrier.

Then, the United States and the United States dream factory cooperation, signed one of its most popular nearly 20 cartoon characters, launched the animation trend TEE.

The reaction of the market is strong.

According to Smith Barney, sales of MTEE were close to 4 million in 2010.

The United States that tasted the sweetness decided to win the battle.

This year, the United States and Japan cooperation with Dongying animation, launched more than 40 Saint Seiya theme T-shirt.

At the same time, the United States and the world's famous illustrators, artists, original designers, more and more carrying the personality and trend of T-shirts placed on the shelves of the United States.

This year, the sales target of MTEE has increased from 6 million to 8 million, increasing by more than 50%.

Before that, Mei Bang had reached a strategic cooperation agreement with the Shanghai art film studio, and made many classic animation images of Shanghai art film studio as the design source of MTEE, such as "black cat Sheriff", "making havoc in heaven", "Na Zha making a sea" and so on. Shu Ke and beta are also among them.

Shu Ke's image was printed on the shirt of Smith Barney.

{page_break}

So, the theme of Shu Ke and beta.

Is the US state tort?

Zheng Yuanjie's reaction may be expected in the US.

According to Zheng Yuanjie, a few months ago, the staff of the United States government telephoned Pipiru company (Zheng Yuanjie's exclusive authorized company) to contact Zheng Yuanjie to promote Shu Ke beta culture shirt.

Pipiru said no authorization.

Mei Bang says there is a license from Mei Ying factory.

Therefore, when Zheng Yuanjie said on micro-blog, "no authorization! It's a violation! It will be right!" after that, the United States also responded to the gap on micro-blog. "The authorization of Shu Ke's cartoon image is obtained from the Shanghai art film factory. It is perfectly legal."

Before long, Zheng Yuanjie said in a blog entitled "Shu Ke was abducted and sold?" in 1987, the US film studio signed an agreement authorizing him to shoot Shu Ke and beta based on his works.

The fifth clause of the contract stipulates that schuk and Betta's art images drawn by the Mei Ying factory are jointly owned by me and the factory.

Without Party A's approval, Party B has no right to unilaterally authorize third parties to use Shu Ke's image.

At this point, the US state insisted that it was legal and no infringement.

"Mei Ying factory and the United States signed the agreement to confirm that the Shadow Studio owns the complete copyright of schuk and Berta. Besides schuk and Berta, Mei Ying also authorized the image of Sun Wukong and black cat sheriff to the United States, and the two sides reached a package deal."

"All the cartoon designs we use are definitely authorized," said the head of the American bond market. "All the cartoon designs used by the United States have been authorized in the international and domestic markets. They will not be infringed solely on this cartoon design."

One is a famous fairy tale king, the other is a famous casual wear enterprise. Both of them are fighting with each other's micro-blog as a battle.

At the beginning of the event, it was "onlookers" by many netizens, which spread quickly and became a hot spot for a time.

Both sides kicked the ball to the Shanghai art film studio. When the people looked forward to the beauty studio to solve the mystery, the middleman remained silent.

A reporter tried to contact him because he was unable to contact the head of the plant because of the fact that the operator had gone to the medical examination and the security department was not clear.

The two sides of the incident insist on each other, while the key mediator's Shanghai art film studio's own aphasia makes this event a real version of Luo Sheng man.

Two days later, the silent middleman finally opened his mouth.

In June 16th, Mei Ying made a statement on its micro-blog: 1, the Shanghai art film studio has the complete intellectual property rights of the animation series "schuck and beta", and the original author enjoys the right of authorship in the original.

(see article fifteenth of the copyright law of the People's Republic of China) 2. The animated images of the Metersbonwe MTEE Series in the animation series "shuck and beta" are authorized by the Shanghai art film studio.

According to the fifteenth section of the second chapter, section second, of the copyright law of the People's Republic of China, "the copyright of works created by films and similar methods of film production is enjoyed by producers, but writers such as screenwriters, directors, photographers, composers and composers are entitled to authorship and are entitled to remuneration in accordance with contracts signed with producers."

According to the statement of Mei Ying factory, Zheng Yuanjie subsequently revealed some of the contents of the contract in micro-blog: "the fourth agreement is that the album of art published by the animation must be authorized by both sides to share the proceeds.

The fifth agreed animated movie, Shu Ke beta, is used by the two sides to share the profits.

At the same time, Zheng Yuanjie's attitude towards the United States and the United States also eased. "I think Mei Ying factory is the main infringer.

The United States is also a victim. "

In response to this, Mei Ying seems to be tired of the empty quarrel, and has issued an official statement to the media. "The image of Shu Ke and beta" is based on Mr. Zheng Yuanjie's novel Shu Ke Adventures of Betta, the United States shadow factory has the right to independently license third people to use it, the statement said.

In addition, "Mei Ying factory has not done" fourth, fifth "and other related agreements with Zheng Yuanjie, such as Mr. Zheng Yuanjie holds the contract, hoping to produce a real and effective contract to the public.

After the announcement of the statement, micro-blog Zheng Yuanjie has not responded to it. Before the press release, the media did not receive any formal response from Zheng Yuanjie.

The micro-blog of the fairy tale is still updating, but it seems that there has never been a "war of words".

At this point, it seems that nothing has been done.

However, some people in the industry believe that enterprises should pay great attention to intellectual property rights when innovating. Similar disputes should be solved before the products are listed, otherwise, they will have a certain impact on the corporate image and bring unnecessary losses to the enterprises.