"Langya List" was "conspiracy" and was compensated by 1.05 million. The first immersive script secret room game was sued in Shanghai in Shanghai.
Author:Changjiang Daily Time:2022.09.18
After the TV series "Langya Bang" was broadcast, it became hot and became the "fragrant citron" in the eyes of some people. The power of the list of the world's "background, character name, character relationship, main story plot, etc. are highly similar to the novels of Langya Bang. The plaque, props and propaganda content in the secret room use Essence Noon Sunshine Company, which has an exclusive authorized noon, does not do it.
Recently, the People's Court of Shanghai Yangpu District concluded the plaintiff Dongyang Noon Sunshine Film and Television Co., Ltd. (hereinafter referred to as noon Sunshine Company) sued the defendant Beijing 30 One Culture Communication Co., Ltd. (hereinafter referred to as the 30 one company) and Liang Moumou and other copyright infringement and whether it was not or not Just a case of competition dispute. This is my country's first immersive script secret room game. The adaptation of infringement was sued. The Yangpu Court ruled that the defendant immediately stopped the infringement and compensated the plaintiff's economic loss and reasonable costs of 1.05 million yuan.
The secret room script kills is a role -playing game that the light people are very favorite today. The issue of copyright protection in this industry is not optimistic, and the script plagiarism is chaotic. This case is the first case of the nationwide script secret room game to infringe the adaptation of well -known IP copyright adaptation. It is also the first country in the country to attach well -known literary and film IP names in the country.
The plaintiff at noon Sunshine said that with the author authorized by the "Langya Bang" novel, the company exclusively enjoys the right to adapting, filming and using the content of the novels to develop desktop games and derivatives. The defendant's 3 zero company operates the "301 · immersive super -dense room · Booming Pavilion" in which it operates "Langya Bang" secret room game. The novel of "Langya Bang" is similar. At the same time, the plaque, props and propaganda content in the secret room use a large number of "Langya Bang" logo.
After hearing the Yangpu Court, the core characters of the secret room game and the novels of "Langya Bang" include Mei Changsu (the Red Flame Army Little Coach Lin Shu/Su Zhe), the prince Jing Wang Xiao Jingzheng and the King of Honor Xiao Jingzhang, and the Forbidden Army leaders Meng Zhi and Suspending Mirror Si Xiajiang; the main line of the two is the red -flames, Lin Shu, the young man, Lin Shu, who is easy to look like the poison of fire and cold. Ascend the throne, and finally the case of injustice was in Zhao Xue. This specific plot is no longer the ideological category of "conspirators assisted the prince", and has risen to the highly original core plot of the novel of Langya Bang. Players in the secret room game make money to raise troops, find clues, etc. Therefore, the plot can be protected by the expression of the copyright law, and the secret room game constituted an infringement of the adaptation of the "Langya Bang" novel.
At the same time, the evidence of the case shows that the "Langya Bang" TV series participated in the creation of the "Langyao Bang" and the plaintiff won a number of honors in the domestic entertainment market. High popularity and reputation constitute the name of the product with a certain impact. The real -world plaques, scroll props in the complaint room game, and the use of the "Langya List" logo in the public comment and Meituan platform will cause consumers to mistakenly believe that the secret room system is opened or authorized by the plaintiff. Affects the infringement of the name of the product.
Based on this, the "Langya Bang's Power of the Langya Bang" real -world secret room game that the defendant sold and operated by the defendant violated the copyright of the Langya Bang novel, and at the same time constituted the unfair competition behavior of the name of the commodity name that the other people had a certain influence.
Integrate the popularity of the novel of "Langya Bang" and the name of "Langya Bang", the operation time of the secret room game, online booking and group purchase income, and the nature of infringement behavior, Yangpu Court decided to compensate the plaintiff's economic loss by the plaintiff's economic loss by as appropriate. Yuan, combined with actual rights protection expenditure, difficulty in cases, lawyers' workload, etc., support the full amount of reasonable costs advocated by the plaintiff. During the period when the plaintiff advocated damage compensation, the defendant Liang Moumou, as the only shareholder of the defendant's 3rd and one company, shared the revenue and expenditure operating in the secret room of the secret room, because it failed to prove that the company's property was independent of its personal property. Compensation obligations are responsible for liability. After the verdict, neither parties appealed, and the case has come into effect.
The judge of the trial pointed out that in January this year, the "Interim Provisions on the Management of the Contents of the Municipal Hall of the Hall of the Municipality" was officially introduced, which clearly stipulated that the dense room operator should conduct self -inspection and management of the script, scenes, clothing and props, etc. to ensure that the content and activities should be legal. sex. Here, it is recommended that the operators of the dense room script kill the copyright awareness, respect the original and standardize authorization; establish a sound self -examination system, do not step on the red line, and jointly promote the healthy development of the secret room script killing entertainment industry.
(Source: Xinmin Evening News correspondent Xie Ling reporter Sun Yun)
【Edit: Wang Yujin】
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