A college student in Kunming, Yunnan was suspected of plagiarism, and the original creator claimed one yuan to be supported by the court

Zheng Yinan, a reporter from the Shandong Business Daily · Sudao News Network, Zheng Xiaotong, a few years ago, a traffic warning program "Tan Tan Traffic", which has been suspended for four years, has attracted attention due to copyright disputes. However, this is not the first case that has attracted public attention due to the protection of intellectual property in recent years.

In December last year, Shandong Business Daily · Sudao News reported that the graduation design of a college student in Kunming, Yunnan was suspected of plagiarizing the original work of the original work of the flower handicon. In the same month, the topic of "difficulty in the protection of the original online authors" rushed to the hot search. On July 15th, Mr. Yu, an entangled flower artist, told Shandong Business Daily · Sudao News reporter, "The court judged the other party's infringement, and I was supported by 1 yuan."

The work is "stolen"

In December 2021, Mr. Yu Yu, a craftsman of Kunming, Yunnan, released a short video of "my work was copied", which quickly attracted attention. Shandong Commercial Daily · Sudao News Network learned that on August 23, 2021, Mr. Yu released the flower entangled work "Xia Zi" on his personal short video platform.

"At that time, Zhao's work" Qinghe "and the entangled flower" Xia Zi "I have created before were once considered a hand of one person." With the theme of the lotus, the lotus leaves are rolled and agile, the lotus is to be placed, and the color of pink green dyed is very charming. "In fact, I always know that her graduation design has plagiarized my work, but I have always been worried that it will affect her normal. After graduating, there is no depth ... "

It is reported that on December 8 last year, Mr. Yu received a private message from "fans" saying "your work was stolen '", "On their school's official website, I saw the" copy of the work "at a glance." Mr. Yu Said, at first, he tried to contact the classmate Zhao through a fan, hoping that Zhao would indicate the source in the work. I did not expect that in less than two weeks, I saw the original work with college graduates in a cultural and creative competition. ","

"Actually, many people questioned me at the time. Why did it determine that others copied me? I said that my determination originated from every detail of this work. It took me a few months from elements, composition, design to color matching. Has his child's efforts, will he not know himself? "Mr. Yu told reporters.

Publish a video back

After Mr. Yu's video was released, it set off a lot of waves.

In the early morning of the next day after the video, the author Zhao of "Qinghe" contacted Mr. Zhao through a private message saying: "I did learn from the master's lotus leaves and branches, and the color of lotus leaves and lotus flowers did learn from ... "Mr. Yu told Shandong Business Daily · Sudao News reporter," Are you copying my work? "Zhao did not answer positively.

Mr. Yu said that before the video was sent out, he tried to contact Zhao's school and instructor, but none of them received a reply. "Their works were announced the day before I posted a video. It's the race. "

"When she sent me a private message, she said that the lotus part of the work was referred to the lotus growth pictures and read a lot of learning materials, but putting my work and her work together can easily see it. She basically did it according to my work. The changes were not great, and even the position of the copper beads was the same. "Mr. Yu said.

"My appeal at the time was to ask her to apologize to me, but she avoided it. Then I could only take the legal procedure." Mr. Yu recalled that in addition to contacting Zhao, he tried Shi Mou, a graduate design instructor, did not contact.

That night, the school where Zhao was located issued a statement on Zhao's plagiarism: "Recently, there was a reflection of related issues such as the graduation design of individual graduates of the 2022 session of the School of Art Design on the Internet. , Immediately set up a specialized working group for inspection, and the results will be announced in time. "As of July this year, the school did not publicize the results of the investigation and did not respond again.

Claim one yuan

On July 15th, Mr. Yu posted a civil judgment in the circle of friends, saying that "the family members were victorious."

A civil judgment from the Intermediate People's Court of Kunming City, Yunnan Province mentioned that "whether the infringing work violates the original copyright of the infringing work, the two are in the overall shape of the lotus leaves, lotus, and branches ... Similarly, the defendant regarded the infringing works as a graduation design in its school exhibition board and in a physical form. The behavior violated the plaintiff's right to copy and exhibition. "

On the same day, Mr. Yu updated the follow -up of plagiarism in his ID's short video account. The litigation request of "compensation for the plaintiff's economic loss by 1 yuan" in the exposed judgment attracted attention.

"I didn't have a claim, or that sentence, or to destroy the original without cracking down on plagiarism." Inside, it is clearly pointed out that no form of imitation is accepted, and each work condenses my efforts. I don’t want them to be plagiarized like this. "

The reporter learned that in the results of the verdict, the court supported the request of a claim of the gentleman for one yuan.

Improve copyright protection awareness

Mr. Yu's acting lawyer Yao Pang told reporters, "The definition of plagiarism is a difficult thing in itself, but my partner Mr. Yu, Mr. Yu, has a strong sense of copyright protection. From the beginning of the design of the work, there has been some evidence The rapid growth of cases in property rights protection. According to official statistics, cases across the country accepted the first instance of intellectual property rights from 101,000 in 2013 to 577,000 in 2021, with an average annual growth of more than 20%.

Liu Xiaoyu, a lawyer of Shandong Qiding Law Firm, told reporters that legal terms such as copyright, patent rights, and trademark rights appeared frequently in people's lives, reflecting the public's attention to intellectual property protection. In the current rule of law, no matter the original creators in the field, they must have a full awareness of intellectual property protection. In the creative process, the author must record and retain the original evidence of his own creation. When the infringing works are generated, the infringement evidence of the infringement of the infringer will be fixed for the first time in order to prove the original and infringement facts of the work when the intellectual property dispute is controversial. Essence At the same time, the work has been protected since the date of completion of the creation, and works that have not applied for copyright registration have also been protected by the Copyright Law in accordance with the law.

Shandong Commercial Daily · Sudao News Network Editor Zhang Lei Xue Xun Wang Zhizheng

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