Fang Qingshu may become the defendant for suspected infringement of the animated online drama "Evil Journey to the West"

This lawsuit is limited to the animated online drama "Evil Journey to the West". Qing Qingshu only received two authorizations from the original author's "After the Journey to the West" movie and comic book.

Fang Qingshu, the producer of "Kuiba", which once created a popular domestic animation work, has also been sued today. The reporter learned that due to copyright infringement, Shenma Fun Entertainment E-Commerce Co., Ltd. sued Qingqingshu Animation Technology Co., Ltd. and Qingcao Entertainment Culture Co., Ltd., the producers of the domestic animation "Hard Journey to the West", to court, and made demands:

1. The defendant immediately stopped the infringement and was not allowed to continue to spread the "Hard Journey to the West" animation;2. The defendant required the defendant to compensate 3 million yuan in economic losses;3. The defendant published an apology statement on Tencent video for 15 consecutive days;4. Bear the litigation costs of this case.

The lawsuit holds that the original author of the character image art work of "After the Journey to the West" was the artist He Guiqing. Shenma Youqu signed a "Copyright License Agreement" with Mr. He Guiqing on June 30, 2017, and obtained the rights to copy, adapt, perform and distribute "After the Journey to the West" in three commercial fields: animation, games, and derivatives. Therefore, he became the plaintiff in this case.

Guo Hao, chairman of Shenma Fun, told reporters that the original author had authorized "Postscript to the West"("Postscript to the West" briefly used the name of "God Hunting" during the creation process) to Qingqing shu to make a movie,"Qingqing Shu did not make the movie, but instead did a comic project. The name was" The Journey to the West ", but the main characters and character relationships were taken away from" Postscript to the West ". Later, Qing Qingshu made the animated online drama and game of "The Journey to the West" without authorization. The protagonist's style also used the character design of "The Journey to the West". "

" This lawsuit is limited to the animated online drama "The Journey to the West"."Guo Hao said that Qing Qingshu only received two authorizations from the original author's" The Story of the Journey to the West "movie and comic book." Without notifying the author himself and without obtaining his permission, he embezzled the authorized content into Qing Qingshu's "The Journey to the West" animated online drama."

Attached are the facts and reasons for this case:

1. The character image art work of "After the Journey to the West" involved in this case (hereinafter referred to as the "Works in this case") was created by Mr. He Guiqing and enjoys copyright. With permission, the plaintiff enjoys exclusive licensing rights for the above-mentioned works, and enjoys the rights to copy, adapt, interpret, distribute, and disseminate information on the Internet in commercial fields such as animation and games. First of all

, Mr. He Guiqing, an outsider in the case, is the author and copyright owner of the character image art works of "After the Journey to the West".

Mr. He Guiqing studied under Professor Wu Guanying, a master design master. He is the executive deputy director of the China Dream Organizing Committee, the artistic creation director with the theme of "China Dream", the creator of the Xianshan God Monkey Mascot, and a well-known artist in China. He spent several years creating a series of character images called "After the Journey to the West", including Sun Wukong, Tang Priest, Pig Bajie, Monk Sha, Erlang God, etc. Mr. He Guiqing has the "Work Registration Certificate" No."Guo Zuo Deng Zi-2016-F-00337964" for the above works.

Sun Wukong wearing modern clothes

, fashionable Tang Priest wearing a hundred clothes

, handsome Pig Pig wearing a windbreaker,

sand monk

Mr. He Guiqing wearing a windbreaker and glasses, once signed a "Copyright License Contract for the Postscript of the Journey to the West" with the defendant Beijing Qingqingshu Animation Technology Co., Ltd., allowing the defendant Beijing Qingqingshu Animation Technology Co., Ltd. to adapt the work of this case into a movie. In the above-mentioned contract, the defendant Beijing Qingqingshu Animation Technology Co., Ltd. recognized Mr. He Guiqing as the copyright owner of the above-mentioned works and enjoys complete copyright rights.

Second, Mr. He Guiqing used an exclusive license to allow the plaintiff to exercise the rights to copy, adapt, interpret, distribute, and disseminate information on the Internet of the works in this case in commercial fields such as animation and games. The

plaintiff signed a Copyright License Agreement with Mr. He Guiqing. According to the agreement, the plaintiff obtained the rights to copy, adapt, interpret and distribute the works in this case in three commercial fields: animation, games and derivatives. At the same time, according to the above agreement, the plaintiff has the right to take legal action in his own name against copyright infringement.

2. The two defendants violated the plaintiff's copyright

without permission and authorization. After the creator sent lawyers 'letters to the defendant twice, they still infringed on the copyright many times, and deliberately copied, adapted and distributed the art works of this case into the animated short film of "The Journey to the West" and spread it on Tencent's video website, causing huge losses to the plaintiff.

The "Hard Journey to the West" cartoon takes Journey to the West as the background and theme of the story. The characters such as Sun Wukong in this case, as the main characters in the story of Journey to the West, are the soul characters of the "Hard Journey to the West" cartoon. After comparison, the main characters in "The Journey to the West" are all copies of Mr. He Guiqing's above-mentioned art works.

The scene in which the character of Sun Wukong appears in "Evil Journey to the West". The

two defendants are affiliated companies and constitute joint infringement. In terms of the division of labor of infringement, the first defendant, Beijing Qingqingshu Animation Technology Co., Ltd., is the producer of the cartoon "Hard Journey to the West", and the second defendant, Beijing Qingcao Entertainment Culture Co., Ltd., is the producer of the cartoon "Hard Journey to the West". The two defendants constituted joint infringement and should bear joint liability.

3. The two defendants made huge profits through the infringement and caused huge losses to the plaintiff. They should bear legal responsibility

. The two defendants made huge profits through the infringement and caused huge economic losses to the plaintiff. Among them, the "Evil Journey to the West" series of animations has received more than 170 million views on Tencent's video website, ranking among the best views among animations. Tencent Video has a one-minute advertisement before each episode of the animated feature of "The Journey to the West" is broadcast. There are 20 episodes in total. Combined with 170 million views, the two defendants have made huge profits through advertisements.

In summary, the two defendants 'behavior of copying, adapting and broadcasting the work in this case on the Internet without authorization has constituted an infringement of the plaintiff's copyright. The two defendants should immediately stop the infringement. Taking into account the degree of damage caused by the defendant's infringement and the actual expenses incurred by the plaintiff to stop the infringement, including legal fees, legal fees, notarization fees, etc., the plaintiff sued the defendant for infringement compensation of RMB 3 million, while the plaintiff reserved the right to further increase the amount of compensation based on newly discovered and newly generated evidence.

This is to

the People's Court of Chaoyang District, Beijing City, the

plaintiff: Beijing Shenma Wanqu Huyu E-Commerce Co., Ltd.

Agent: Zhang Hairuo, Li Haijuan

, Beijing City Liande Law Firm

July 4, 2017

Editor: Xiongwei