Cai Shaofen, an artist of portrait rights dispute, sued the Court of Rheumatology Hospital in Chengdu to reject the lawsuit request

Cover Journalist Song Xiao intern Feng Lian

Around the dispute of portrait rights, a rheumatism hospital in Chengdu was sued by the artist Cai Shaofen to court. On July 26, the reporter learned from the Chengdu Railway First Court that recently, the court's trial of portrait disputes caused attention. The plaintiff of the case was artist Cai Shaofen, and the defendant was the Chengdu Wuhou appetizer Fengshi Hospital Co., Ltd.

The focus of the dispute between the two parties is from 2015 to 2016. On the website and WeChat public platform of a hospital, a total of 12 articles borrowed the name and portrait of Cai Shaofen to propagate the "small molecular minimally invasive minimally invasive minimally invasive minimally invasive minimally invasive titles that can cure adverse spinalitis "Technology, Cai Shaofen and his entrusted agent believed that the defendant's behavior seriously infringed the right to name, portrait, and reputation of the plaintiff. Therefore, the lawsuit was filed. In the end, the court decided that the plaintiff Cai Shaofen's lawsuit request was rejected.

Names and portraits are propagated by commercial use?

Artist Cai Shaofen sued the infringer

The source of this case should start with a Weibo of Cai Shaofen.

On July 31, 2015, Cai Shaofen posted a dynamic on his personal Weibo that "patients with mandatory spinal inflammation can be safe, happy and healthy."

Below this Weibo is also equipped with her treatment process for "compulsory spinalitis". Cai Shaofen mentioned that the doctor told her that the disease was an immune system disorders, and she could only reduce the pain by taking painkillers. At present, her condition has stopped pain.

The reporter noticed that "compulsory spinalitis" is a category of rheumatism and is one of the serum negative spine arthritis. Related studies have shown that the cause of the disease is not very clear. Chronic diseases with spine as the main lesions. The lesions mainly involve the sacroiliac joints, causing spine adext and fibrosis. The diseases of the eyes, lungs, muscles, and bones also have the disorders of autoimmune function, so it is an autoimmune disease.

Artist Cai Shaofen's Weibo screenshot

And after Cai Shaofen released Weibo, "off -site storm" also appeared.

A civil judgment issued by the Chengdu Railway First Court shows that Cai Shaofen and his agent pointed out that from November 2015 to June 2016, the WeChat public account "Chengdu Wuhou Africa Opravation Hospital" released "Cai Shaofen: I am: I am: I am I have rehabilitated at the running men's recording scene. I have fully recovered "," The World Under the World of Cai Shaofen Star Make "," Decrypting the "Queen Mother" Cai Shaofen Star ". In these 12 articles, Cai Shaofen uses the on -site event pictures to introduce "small molecular minimally invasive technology".

During the trial, Cai Shaofen and his agent requested the court to order the defendant to immediately delete all infringement content, terminate the infringement, compensate for the loss of RMB 160,000, the spiritual damage to soothe RMB 30,000, the rational expenditure of rights protection of 10,000 yuan, a total of RMB RMB 200,000 yuan.

Focus

Where did "compulsory spinalitis" heal?

The verdict stated that Cai Shaofen had previously issued a post on Weibo on Weibo on July 31, 2015 that "there is no endorsement hospital for the treatment of adverse spinalitis."

Cai Shaofen believes that a total of 12 articles borrowed names and portraits on the website and WeChat public platform under their names and WeChat public platforms under their names to promote the "small molecular minimally invasive technology" that claims to cure adverse spinalitis. In the above article, it is explicitly stated or implied that Cai Shaofen has cured ankylosing spondylitis through "small molecular minimally invasive technology". She was cured the disease in a hospital in Hong Kong and had not treated the disease in any hospital in the Mainland.

The fact that the court was determined after hearing was that Cai Shaofen was an actor and had a certain reputation. Wuhou Periodic Hospital is the main body of the WeChat public account "Chengdu Wuhou Africa Aputes Hospital". On October 11, the "Chengdu Predictive Hospital" certified "Chengdu Wuhou African Ponestion Hospital.

The establishment date of the Wuhou Zhi Zhi Hospital was November 7, 2017, the legal representative Ge, and the registered time of Chengdu Jingqiang Straight Spinalitis Research Institute was March 19, 2012. On July 17th, the resolution was dissolved, and the legal representative was Lin.

During the court, the plaintiff confirmed that the case was deleted before the trial, and the relationship between Wuhou Peristion Hospital and Chengdu Jingyan Qiangqiang Direct Spiny Research Institute did not clarify.

The infringement article involved in the case was published before the establishment of the hospital

The court's decision rejected the lawsuit request

The court held that in the 12 articles involved in the case, Cai Shaofen did not use the portrait to use his portrait to promote the hospital, and the overall expression of the content of the article was that the hospital mentioned in the article healed Cai Shaofen's adverse spinalitis.

However, the hospital advocated that the hospital mentioned in the article should be Wuhou Qiangzhi Hospital. Because Wuhou Qiangzhi Hospital is the main body of the account of the WeChat public account involved in the case. After the case was sued, the case involved in infringement had been deleted, indicating that Wuhou Perliated Hospital had the actual control of the public account.

Civil judgment of the Chengdu Railway First Court

The court ruled that the infringement article involved in the case was published from November 10, 2015 to June 6, 2016, and the Wuhou Oreponation Hospital was established on November 7, 2017. Essence Although the WeChat public account involved in the case is now controlled by Wuhou Zhi Zhi Zhi Hospital, it cannot be determined that the publisher of the article involved in the case of the Wuhou Predictive Hospital can be determined. Combined with the article involved in the case, "Ms. Cai Shaofen ... the hospital is the Chengdu Jingyan Qiangqiang Direct Spinitis Research Institute", "Chengdu Jingyanqiang Direct Spinalitis Research Institute will retain the right to investigate in accordance with the law" and the Chengdu Jingyan straight spine attached to the end of the article According to the promotion information of the Yan Research Institute, the hospital promoted by the article should be the Chengdu Jingyan Qiangqiang Direct Spinalitis Research Institute instead of Wuhou Nihile Hospital. Wuhou Performance Hospital's successor of Chengdu Jingyan Straight Spinal Frees Research Institute's rights and obligations. Therefore, the court did not recognize the plaintiff Cai Shaofen's claim that the defendant Wu Hou Nihile Hospital infringed his reputation and the right to portrait. In accordance with the "Several Provisions of the Supreme People's Court on Application of the" Play of the Patriarch of the People's Republic of China ", Article 1), paragraph 3 of the" Civil Procedure Law of the People's Republic of China ", paragraph 67, paragraph, and 147 The rules were determined to reject all the claims of the plaintiff Cai Shaofen. The case acceptance fee was 750 yuan, which was borne by the plaintiff Cai Shaofen.

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