Su Bingtian sues NetEase for infringement and first instance compensation promotion | Su Bingtian | NetEase
On July 26th, according to the Tianyancha App, the first instance judgment on the network infringement liability dispute between Su Bingtian and Guangzhou NetEase Computer Systems Co., Ltd. was recently made public. The court held that NetEase infringed the right of portrait, issued a statement on the infringing official account apologizing and compensated Su Bingtian for 3000 yuan of economic losses.
According to the documents, the plaintiff Su Bingtian claimed that NetEase released a picture article titled "9 seconds 95! Su Bingtian stands out from the crowd! If he succeeds in having another name, he must be called Endeavour..." in the WeChat official account hosted by NetEase, used several portraits of Su Bingtian without authorization, and inserted commercial publicity information in the prominent position of the article, which infringed on Su Bingtian's portrait right, and requested the court to order the defendant to disconnect the infringement link, publicly apologize, and compensate the plaintiff for economic losses totaling 205000 yuan. NetEase argued that as a public figure, Su Bingtian should have a certain tolerance obligation for others to use his portrait. The article in question objectively promoted Su Bingtian's image positively, without any subjective intention of infringement; The article in question will not cause any mental or reputational damage to Su Bingtian; The original message is that the amount is significantly too high.
The court held that, unless otherwise provided by law, the use of the portrait of the portrait owner without their consent constitutes an infringement of the portrait right. NetEase objectively utilized the influence of Su Bingtian and subjectively had the purpose of promoting business, resulting in the damage of Su Bingtian's portrait rights. Due to Su Bingtian's failure to provide evidence to prove his specific economic losses and reasonable expenses, the court has determined a compensation amount of 3000 yuan. Finally, the court ruled that NetEase issued a statement of apology on the infringing official account and compensated Su Bingtian for 3000 yuan of economic losses.