Unauthorized Use Of Employee Advertising Creative Units To Infringe Copyright?

Question: six months ago, my company sent a notice of paid advertising to employees: any employee, if the advertising film produced by him was adopted by the company, could be paid 50 thousand yuan.

I then made samples of two parts, including text and music videos, and gave them to the company at the appraisal conference, and introduced the design originality and content of the samples.

Although these ideas were well received, they failed in the end.

But afterwards, I found that the advertising films on the company's official website used the samples I made last time.

For this reason, I ask the company to give remuneration, and declare that if it does not pay, it must stop infringement, apologize and compensate for the loss.

However, the company thought that the samples I made were selected from the music and video pictures created by others on the Internet. They were assembled by computer software and did not produce creative labor. They were not works in the copyright sense. Therefore, I did not enjoy copyright.

Will the company use my advertising creativity to constitute infringement?

The company infringes on your copyright.

On the one hand, you enjoy the creativity of advertising.

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The second provision of the regulations on the implementation of the copyright law stipulates that "works mentioned in the copyright law refer to intellectual achievements that are original and can be copied in a tangible form in the field of literature, art and science."

That is, as long as the intellectual achievements that are original and can be copied in a tangible form, they can become works protected by copyright law.

Originality refers to the author's independent creation and the creation of a certain level of intelligence.

In this case, although you choose the music and video on others created on the Internet, you use computer software to assemble it, but because the sample is loaded with advertising creativity and thought expression in the form of music, video and text, it condenses your creative labor and intelligence creation, and the form of expression is enough and concrete, so it conforms to the originality requirement of cooperation.

Moreover, the copyright law does not prohibit the creation of works by others, as long as the works you create by others' works have their own.

The work belongs to the category protected by this law.

On the other hand, the company infringes on your copyright.

Your sample is not shortlisted, meaning that if the company is using it, you must go through your license and pay accordingly.

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The company uses the sample you made without permission and acts as an advertising film on its official website, but refuses to pay. This is obviously a violation of your copyright.

The forty-seventh and forty-ninth articles of the copyright law stipulate: "if there are any infringing acts, they shall bear civil liability for stopping infringement, eliminating influence, apology, and compensation for losses according to the circumstances: (1) publishing their works without permission from the copyright owner;"

"Infringing upon copyright or copyright related rights, the infringer shall pay compensation according to the actual loss of the obligee, and if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal gains of the infringer.

The amount of compensation should also include the reasonable expenses paid by the right person to stop the infringement.

If the actual loss of the obligee or the illegal gains of the infringer can not be determined, the people's court shall, according to the circumstances of the infringement act, award a compensation of less than 500 thousand yuan. "

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