Sina Entertainment News Tianyancha App shows that, recently, Yang Ying[微博]The first-instance verdict of the portrait right dispute case with Xiamen Oufei Medical Cosmetic Hospital Co., Ltd. was made public.
According to the documents, the plaintiff Yang Ying claimed that the defendant Xiamen Oufei Company used her portrait and name without authorization to promote the company’s brand, which could easily make others mistakenly believe that there was a certain cooperative relationship between Yang Ying and the defendant, which seriously affected Yang Ying’s normal commercial endorsement work. The defendant Xiamen Oufei Company argued that it had signed a film and television copyright brand support contract with Xiongshan Technology Company and paid copyright royalties, and obtained the right to use the photos involved in the case. Xiongshan Technology Company stated that it did authorize Xiamen Oufei Company to use the photos involved in the case, but Xiamen Oufei Company marked the words “Angelababy loves to help” by itself, which is not within the scope of authorization.
The court held that although Xiamen OFILM argued that it had obtained the authorization to use Yang Ying’s portrait and name by signing a contract with Xiongshan Technology Company, the evidence submitted by Xiongshan Technology Company could not prove that the company had the right to authorize others on behalf of Yang Ying. Use their likeness and name. In the end, the court ruled that the defendant Xiamen Oufei Medical Cosmetic Hospital Co., Ltd. apologized to Yang Ying and compensated Yang Ying for economic losses of 500,000 yuan.