"Run Brothers" is caught in infringement case and claims 2 million yuan in film

From the image point of view, the characters in the program can be dressed as gourd dolls, but if the cartoon image of gourd dolls appears directly, infringement will inevitably be involved. At the same time, the program's reference to the story of Huluwa must also consider the level of detail. Reference at the ideological level is allowed by law. However, if the effect presented by the program is exactly the same as the expression of Huluwa's story, infringement can be determined. When a program is an infringing work, iQiyi, as a broadcast platform, must bear joint and several liability.

. On April 11, Shanghai Art Film Studio Co., Ltd. was ordered to pay attention to the copyright of "Huluwa Brothers" because it believed that the copyright of "Huluwa Brothers" had been infringed (hereinafter referred to as "Shanghai Film Studio") sued Beijing Aiqiyi Technology Co., Ltd.(hereinafter referred to as "iQiyi") and Zhejiang Radio and Television Media Group Co., Ltd.(hereinafter referred to as "Zhejiang Radio and Television") to the court, demanding that copyright infringement and unfair competition be immediately stopped, the impact of the infringement be eliminated in the People's Court News, and the economic loss of 2 million yuan will be compensated. At present, the Haidian Court has accepted the case.

Shanghai Film Studio stated that it clearly enjoys the copyright of "Hulu Brothers". But the variety show "Run Brothers" produced by Zhejiang Radio and Television has produced the fourth season and seventh issue of "Song Zhongji is here! In "Running Men Become Gourd", a large number of content from "Gourd Brothers" were copied and used, including the multiple use of the scenes, character settings, and props of the story in "Gourd Brothers", and the Gourd Brothers were also used as a promotional selling point for the program, in order to use the classic childhood memory of "Gourd Brothers" to expand the influence of the program. At the same time, iQiyi broadcast suspected infringing programs on the online broadcast platform without permission and censorship. Shanghai Film Studio twice issued a lawyer's letter to iQiyi requesting to stop the infringement. However, iQiyi did not delete or suspend the program, nor did it delete the infringing part of the program. As of January 24, the show is still being broadcast on many websites and platforms.

Zhao Hu, a lawyer at Beijing City Dongyi Law Firm, said that the key to determining whether there is infringement lies in whether the original work is directly used. From the image point of view, the characters in the program can be dressed as gourd dolls, but if the cartoon image of gourd dolls appears directly, infringement will inevitably be involved. At the same time, the program's reference to the story of Huluwa must also consider the level of detail. Reference at the ideological level is allowed by law. However, if the effect presented by the program is exactly the same as the expression of Huluwa's story, infringement can be determined. When a program is an infringing work, iQiyi, as a broadcast platform, must bear joint and several liability.

Editor: Nancy