Entertainment and Virtue clearly have the authorization authority of "Legend" game
Author:Yueyang Daily client Time:2022.06.29
Recently, Mr. Xu Tingxu, the general manager of Beijing Entertainment and Germany Intellectual Property Service Co., Ltd. (hereinafter referred to as "Beijing Entertainment and Germany"), introduced the situation of entertainment and Germany's "Legend" game in maintenance of intellectual property rights and copyright protection. Lawyer Pan Juanjuan, a partner of a law firm, analyzed the judgment of the Zhejiang Higher People's Court (hereinafter referred to as the "Zhejiang High Court") and the Supreme People's Court (hereinafter referred to as the "Supreme Court") for entertainment and German disputes. According to the content of the judgment, as the common copyright owner of the "Legend" game, the entertainment and virtue and its subsequent inheritance subsidiaries of the subsidiaries of the Copyright Co., Ltd. (hereinafter collectively referred to as "entertainment and virtue") legally enjoy the copyright of the "Legend" game, with rights protection and related related rights protection and related related rights. Derivative game authorization.
The judgment of Zhejiang High Court is of great significance
Lawyer Pan first analyzed the final trial of Zhejiang High Court (2021) Zhemin No. 1481. Entertainment and Germany filed a lawsuit on a web game launched by an information technology company in Jiangxi to hire a well -known movie star endorsement. On August 27, 2021, the court of first instance made a judgment and ordered a network company in Hangzhou and an information technology company in Jiangxi to immediately stop infringing the Institute of Entertainment Virtue. The copyright of the "Legend of Blood", the web game launched by a company in Jiangxi was ordered to suspend it; at the same time, it was ordered to stop the false publicity behavior involved in the case; Entertainment and Germany have lost 2 million yuan in economic losses, and the reasonable cost of rights protection is 300,000 yuan, a total of 2.3 million yuan. A network company in Hangzhou is responsible for this. The two infringing companies were unconvinced in the first trial, and then appealed, and was eventually rejected by the High Court of Zhejiang Province.
Lawyer Pan believes that the final trial of the second instance of the High Court of Zhejiang Province has positive significance for comprehensively protecting the copyright of the "Legend" game. Because online games or stand -alone games are a compound work, there are code in the back end, and the front end is a continuous picture of the entire dynamic. The front -end dynamic continuous picture itself is also a compound work, including art works, music, plot, etc., can be used as a overall audiovisual work. Among them, different game elements can also be protected by other works. From the perspective of the rights of the game copyright owner, it can make comprehensive claims based on different types of works and based on different types of request rights. The final judgment of the case supported the protection of the entertainment virtue for the protection of the two towns map art works involved in the case involved in the case, which confirmed this and also achieved the goal of protecting the copyright of the "Legend" game.
The Supreme Court judgment clearly clearly has the authorization of "Legend"
In response to several cases of the final judgment of the Supreme Court at the end of 2021, Lawyer Pan explained that all of the rights inside the copyright owner exercise disputes, which has no effect on the rights protection activities of the entertainment and virtue. The significance of the Supreme Court's judgment is to clarify the agreed time within the common authority and the issue of exercising the right to exercise under the Chinese Copyright Law. In the previous controversy, the other party's co -owner and the acting operator of the bloody legendary end game believed that entertainment has no right to exercise its rights in China, but this is obviously overthrown by the judgment of the Supreme Court. Co -owners can exercise their rights to the outside world. At the same time, Lawyer Pan pointed out that the right to exercise the "Legend" game enjoyed by Entertainment and Virtue includes two aspects: one is that they can defend their rights outside. The second is to confirm the authorization of entertainment and Germany to perform derivative games, because the Supreme Court ruled that two cases involved the authorization of mobile games derivative games. Does not constitute infringement.
Talking about the influence of the Supreme Court's judgment, Lawyer Pan believes that this is undoubtedly positive. Before the verdict, the two parties have their own authorities. After the effective judgment has confirmed that the entertainment and virtue as a copyright owner can exercise the relevant rights by themselves, the entertainment and virtue will continue to conduct rights protection activities and related derivative games in accordance with the law.
Mr. Xu Tingxu, general manager of Beijing Entertainment and Germany, said that the judgment of the Supreme Court and the Zhejiang High Court once again strengthened the confidence of entertainment and Germany as a copyright owner to defend their rights, and the judgment of the High Court of Zhejiang Province did it. affim. From the perspective of rights protection, as the common copyright owner of the "Legend" game, entertainment can be based on different request rights foundations, and claims their own works to achieve the goal of maintaining the copyright of the "Legend" game. Virtues will continue to protect their rights in accordance with the law, increase their rights to protect their rights, and ensure the healthy order of the legendary game market. At the same time, I hope to be able to understand the legendary IP, and to develop cooperation with Chinese enterprises with the willingness to develop the derivatives of "Blood Blood" to establish a stronger operation and promotion capabilities to jointly serve Chinese game players and bring a better gaming experience to Chinese players.
This article comes from: China Market Supervision News
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