"Tan Tan Traffic" came out to the TV, the TV prosecution, Tan Qiao's hair

Jimu Journalist Liu Yi Zeng Lingyu

Intern Gong Zhenyu

"Tan Tan Traffic", which has been broadcast for many years, has continuously triggered new disputes. On July 10, Tan Qiao, a former host of "Tan Tan Transport", was exposed to the video of the show. He was also complained by the copyright owner. In the future, he may face compensation and prison. On July 19, a citizen who had participated in the program sued the show producer Chengdu TV station that violated his right to portrait. At present, Chengdu Chenghua District Court has received litigation materials.

Tan Qiao told Jimu Journalist that he did not know which one came out of the mirror. Some lawyers said the show participants could sue other profit platform claims.

Those who appeared in the show sued the TV station

Acting this lawsuit is the partner lawyer of Zhejiang Zezhe Law Firm Zhou Jie, who announced the "Civil Prosecution" in his short video platform number.

In this "Civil Prosecutor", the original announcement stated that in the winter of 2009, the plaintiff was discovered by the police officer Tan Qiao on the street for traffic violations. During Tan Qiao's law enforcement, the defendant Chengdu Radio and Television took the whole process. Since then, the defendant spread the video on the "Tan Tan Traffic" program without the consent of the plaintiff himself. The plaintiff deeply recognized his mistakes and thought that the show was a public welfare law program led by the public security organs. Therefore, the plaintiff did not raise objections to the spread of the Chengdu Radio and Television Station at that time.

In 2022, the plaintiff found that Chengdu TV station commissioned Chengdu Tourism Culture Communication Co., Ltd. to conduct rights protection on the "Tan Tan Transportation" program on the grounds that third parties infringed their copyrights and claimed claims to third parties. According to the plaintiff, the defendant's production and dissemination of "Tan Tan Traffic" is based on the purpose of profit. In the case of understanding the true purpose of the defendant, the plaintiff did not agree with the defendant's production and spread pictures containing its portrait picture.

In an interview with the media, Lawyer Zhou Jie said that recently, several interviewed citizens who had been interviewed by the "Tan Tan Traffic" program contacted him through social media and other channels to consult about related matters related to portrait infringement. Among them, an interviewer who appeared in the show officially commissioned him to file a lawsuit against Chengdu TV Station. The court accepted the lawsuit materials submitted on July 19, and it will make a decision to file a case within seven days in accordance with regulations. In the plaintiff's claim, in addition to the defendant to stop infringement and apologize, he also temporarily claimed that the defendant would compensate for the loss of 1 yuan.

Tan Qiao himself told Jiudu Journalist on July 23 that the controversy caused by "Tan Tan Traffic" some time ago, he had contacted and communicated with the television station and is currently actively dealing with. Thank you very much for the attention of many enthusiastic legal circles and citizen friends, but he did not know which one came out of the mirror for the citizen of the citizen of the TV station.

Civil prosecution (source: platform screenshot)

Lawyer: The person who appears can sue other profit platforms

He Yuting, a lawyer of Beijing Yingke (Chengdu) Law Firm about the participants of the show, believes that according to Article 1020 of the Civil Code, for the implementation of news reports, the portraits of the rights of the rights of portraits are inevitable. It can be regarded as the consent of the portrait of the portrait. Therefore, in the process of producing and broadcasting "Tan Tan Traffic", the TV station did not infringe on the right to portraits in the show.

Lawyer He Yuting said that the focus of the controversy in the case is whether the initial rights protection of the TV station was a profit act. With the current limited evidence, she believes that the behavior of the TV station is non -profit behavior. The infringement liability claimed by the TV station based on other platform infringements is only a reflection of economic claims in the infringement liability.

Lawyer He Yuting also said that the players of the show can sue other profit platforms and broadcast their participating programs to request portrait rights claims.

Attorney Chen Liang of Hubei Law Firm believes that according to Article 1019 of the Civil Code, without the consent of the portrait of the portrait, the right holders of portrait works shall not be published, replicated, distributed, leased, exhibitions, etc. Portraits of people; no organization or individuals may be made, used, or disclosed portraits of portrait rights, except for other provisions of the law. Therefore, the person who appears in violation of traffic regulations should be dealt with, and it does not mean that it may be published and spreading its portraits without its consent. Unless it belongs to the exception stipulated in Article 1020 of the Civil Code: In order to implement news reports The portrait of the portrait of the portrait of the portrait; or to fulfill its duties in accordance with the law, the portrait of the state organs can produce, use, and disclose the portrait of the portrait of the portrait of the portrait.

Attorney Chen Liang said that according to the relevant reports, the TV station was the right holder of the work of the "Tan Tan Traffic" program, not a state organs. Although the program is the nature of the law, it cannot be defined as a non -profit nature. The TV station can perform facial treatment of the person who appears in the show to avoid the portrait of the portrait of the portrait of the portrait, which has degraded its social evaluation. On the other hand, some netizens will upload to the Internet without the consent of the right holder, first violate the copyright of the right holder, and objectively spread the portrait of the person who outsiders, and should bear the corresponding responsibilities. Of course, the show's protection of the right to citizen's portrait that year was not the same as today, especially after the implementation of the "Civil Code" in 2021, it has further improved the protection. The referee standards are infringement. "Two Xianqiao Nie": Support prosecution but will not follow suit

Mr. Yang, a citizen of Chengdu, also participated in "Tan Tan Traffic". In 2018, he was placed by Tan Qiaocha for driving a truck through a red light. After running through the red light, Mr. Yang, who had just entered the society, was afraid of the "Uncle Erxianqiao" because he was afraid, and hoped that he was closer to Tan Qiao to avoid punishment.

This episode has a lot of laughter. Tan Qiao sang Cantonese songs on the spot, and Mr. Yang was nervous, saying that he was "stealing (voting) shared bicycles", which made the audience unable to help. After the show was broadcast, netizens also called Mr. Yang as the "Two Xianqiao nephew".

"Two Xianqiao Bi" was used as a participant in Tan Qiaocai as a participating in Tan Qiaocai. Chengdu TV Station.

Mr. Yang told Jimu Journalists that there were too many people participating in the show, and he did not know who filed the lawsuit. As an individual, he supports the citizen's lawsuit and hopes to safeguard his rights and interests reasonably and legally, but he will not imitate this approach.

Mr. Yang said that although he was on the show to become a negative textbook, he did let other drivers take him as a ring. His father is also a truck driver. His mother often uses him to remind his father to drive safely, and his father often refreshes old things, so that he will drive carefully. Now he is also a father. He often tells his children that he always pays attention to his words and deeds, and take Tan Qiao as an example to be a useful person to society.

"Although I am not familiar with Tan Qiao, I like him very much." Mr. Yang said that in his eyes, whether it is Chengdu TV or "Tan Tan Traffic" or Tan Qiao himself, it can be regarded as a business card of Chengdu. " "Tan Tan's traffic" was removed. Whether it is a dispute about the copyright of the "Tan Tan Traffic" in the early stage, or the citizen's prosecution of the TV station, no matter how the court judged in the end, he would continue to support and love Tan Qiao as always.

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