China News Service, January 3rd. The TV series "Derailment" is currently on the air, but a blogger discovered that the paintings she created in 2016 not only appeared in the show without permission, but also the characters in the show pointed at her paintings. It makes people feel deeply uncomfortable. Subsequently, the head of the art team of "Derailed" publicly apologized. The blogger whose picture was stolen also revealed that he is currently negotiating an apology and compensation.
The picture shows a blogger exposing that his work was stolen in "Derailment"
The infringement of movie and TV drama props is not a new thing. Earlier, there were TV dramas that used photos of artists' wedding photos. What kind of responsibility should we bear for such misappropriation, and how can ordinary people protect their rights and interests after discovering that it has been misappropriated?
Lawyer Zeng Xi from Shanghai Zhonglian (Chongqing) Law Firm told reporters in an interview that infringement of the copyright of the picture author should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses, depending on the circumstances. In judicial practice, the amount of compensation is generally determined based on the evidence provided by the plaintiff of the specific losses suffered due to the infringement and the evidence of profits gained from the infringement. At the same time, the court may also determine the amount of economic losses based on factors such as the popularity of the work involved, the difficulty of creation, the subjective fault of the infringer, the circumstances of the infringement, the use of film and television, the contribution rate of the work involved in the film and television works, etc., as appropriate.
[Editor: Liu Yanghe]