Fan Bingbing
On September 20, 2018, the Beijing Court Trial Information Network released six first-instance civil judgments related to Fan Bingbing.
The six judgments are: Fan Bingbing’s dispute with Shaanxi Jintai Hengye Real Estate Co., Ltd. on portrait rights, Jingzhou Century New City Investment Real Estate Co., Ltd.’s portrait rights dispute, Beijing Perfect Creative Technology Co., Ltd.’s portrait rights dispute, and Zhongshan Yingxue Group Co., Ltd.Disputes over the company's portrait rights, as well as disputes with Shenzhen Cinderella Medical Beauty Clinic and Suzhou Meishishi Wenyi Beauty Co., Ltd.
In the six verdicts, Fan Bingbing was the plaintiff.Fan Bingbing and Shanxi Jintai Hengye Real Estate Co., Ltd.'s portrait right dispute first-instance judgment shows that Fan Bingbing proposed: Fan Bingbing has starred in Huanzhugege, I am not Pan Jinlian, Wu Mei Niang Legend and other film and television works.
She has won awards such as Best Actress at the Tokyo International Film Festival and Best Supporting Actress at the Taiwan Film Golden Horse Awards. Her portraits already have considerable commercial value.Fan Bingbing discovered that Jintai Hengye Company had used Fan Bingbing's photo as a picture for a profit-making article on its WeChat official account with times;times;times; without his consent, infringing on Fan Bingbing's portrait rights.
Fan Bingbing asked: Jintai Hengye Company publicly apologized to Fan Bingbing in newspapers published nationwide, and requested: the content of the apology should include the case number of the judgment of this case and the specific circumstances of the suspected violation of Fan Bingbing's portrait rights, and the page size of the apology should not be less than 6cmtimes;9cm, apologyThe time is not less than 30 days;
Jintai Hengye Company compensated Fan Bingbing for economic losses of 350,000 yuan and mental damage consolation money of 30,000 yuan; Jintai Hengye Company paid 3,000 yuan for rights protection costs.
The court ruled: Shaanxi Jintai Hengye Real Estate Co., Ltd. posted an apology statement on its Wechat account with times;times;times; for three consecutive days, apologizing to the plaintiff, Fan Bingbing, and the content of the apology must be reviewed by the court;
If the above-mentioned content is not implemented within the time limit, this court will, based on the application of the plaintiff Fan Bingbing, choose a newspaper publicly distributed nationwide to publish the main content of this judgment, and the publication fee will be borne by the defendant Shaanxi Jintai Hengye Real Estate Co., Ltd.Shaanxi Jintai Hengye Real Estate Co., Ltd. compensated Fan Bingbing's economic loss of 60,000 yuan; compensated Fan Bingbing's necessary expenses for rights protection of 1,090 yuan.
The plaintiff Fan Bingbing's other claims were dismissed.The first-instance verdict between Fan Bingbing and Shenzhen Cinderella Medical Cosmetology Clinic showed that: Fan Bingbing found that Cinderella Clinic used Fan Bingbing’s portrait in its certified WeChat public account Shenzhen Cinderella Medical Cosmetology without authorization as a commercial advertisement for plastic surgery.Figure, infringed their own portrait rights.
Fan Bingbing has been committed to maintaining a positive and healthy personal image for many years. The use of the position of Fan Bingbing's portrait and the allegedly infringing content by the Cinderella Clinic can easily cause misunderstandings by the public, lower their evaluation, and infringe on Fan Bingbing's right of reputation.
Fan Bingbing also requested that the Cinderella Outpatient Department make a public apology to him in a nationwide newspaper. The content of the apology should include the case number of the case and the specific circumstances of the alleged violation of Fan Bingbing's portrait rights. The apology page area should not be less than 6cmtimes;9cm;
The Cinderella Clinic compensated 400,000 yuan for economic losses, 30,000 yuan for mental damage relief, and 3,000 yuan for reasonable rights protection costs.The court ruled: Shenzhen Cinderella Medical Cosmetology Outpatient Department will continue to post an apology statement on its WeChat public account for three days, otherwise it will follow Fan Bingbing’s application to choose a newspaper that is publicly issued nationwide to publish the main content of this judgment; Shenzhen
Cinderella Medical Beauty Clinic compensated Fan Bingbing's economic loss of 120,000 yuan and reasonable rights protection costs of 1,490 yuan, totaling 121,490 yuan.The plaintiff Fan Bingbing's other claims were dismissed.
The other 4 verdicts also show that Fan Bingbing posted on their respective WeChat public accounts,Platforms such as Weibo used his photos, believed that they had violated their portrait rights, and filed a lawsuit.
Fan Bingbing also separately demanded that the above-mentioned four units make public apologies in newspapers published nationwide, demanding that Zhongshan Yingxue Company compensate economic losses of 400,000 yuan, mental damage consolation money of 30,000 yuan, and reasonable rights protection costs of 3,000 yuan;
Beijing Perfect Creative Technology Co., Ltd. compensated 800,000 yuan for economic losses, 200,000 yuan for mental damage relief, and 10,000 yuan for rights protection costs;The cost is 3000 yuan;
Jingzhou Century New City Investment Real Estate Co., Ltd. compensated 350,000 yuan for economic losses and 30,000 yuan for mental damage relief.The court also ruled separately that the above-mentioned four units should publish a statement of apology on platforms such as the WeChat official account that had used Fan Bingbing's photo, otherwise they would choose a newspaper that is publicly distributed nationwide to publish the main content of this judgment.
At the same time, the court ruled that Zhongshan Yingxue Group Co., Ltd. should compensate Fan Bingbing for economic losses of 70,000 yuan and reasonable rights protection costs of 1,200 yuan, totaling 71,200 yuan; Beijing Perfect Creative Technology Co., Ltd. should compensate Fan Bingbing for economic losses of 350,000 yuan and notary fees of 1,200 yuan;
Suzhou Meishishi Wenyi Cosmetology Co., Ltd. compensated Fan Bingbing for economic losses of 70,000 yuan, and the necessary expenditure for rights protection was 1,600 yuan; Jingzhou Century New City Investment Real Estate Co., Ltd. compensated Fan Bingbing for economic losses of 60,000 yuan.
In addition, on September 10, the first-instance civil judgment on the portrait right dispute between Fan Bingbing and Beijing Yijian Sanye Hospital Co., Ltd. was released. It shows that Fan Bingbing also used 11 portraits of Beijing Yijian Sanye Hospital Co., Ltd. in the WeChat official account to promote sales.For my own beauty service project, I filed a lawsuit, requesting Beijing Yijian Sanye Hospital Co., Ltd. to make a public apology in newspapers published nationwide, and compensate economic losses of 300,000 yuan, mental damage costs of 20,000 yuan, and rights protection costs of 3,000 yuan, a total of 323,000 yuan.
Court ruling: Beijing Yijian Sanye Hospital Co., Ltd. shall apologize to the plaintiff, Fan Bingbing, in written form within seven days after this judgment comes into effect, otherwise it will choose a nationwide newspaper to publish the main content of this judgment; compensate Fan Bingbing for economic losses of 100,000Yuan.Fan Bingbing's other claims were dismissed.
The judgments stated that the judgment was based on Article 100 of the General Principles of the Civil Law, Articles 2, 6, 15, 20, and 22 of the Tort Liability Law.Zhengshi noticed that Article 100 of the General Principles of the Civil Law clearly stipulates that citizens have the right to portrait, and citizens' portraits shall not be used for profit without their consent.
Article 2 of the Tort Liability Law also stipulates: Infringement of civil rights and interests shall bear tort liability in accordance with this law.Marriage autonomy, guardianship, ownership, usufruct, security interest, copyright, patent, trademark exclusive right, discovery right, equity, inheritance and other personal and property rights.
Articles 6, 15, 20, and 22 of the Tort Liability Law respectively stipulate the methods of assuming tort liability. The methods of assuming tort liability include stopping the infringement, making an apology to eliminate the impact, and restoringreputation etc.
In addition, Fan Bingbing was also mentioned in the first-instance civil judgment on the portrait rights dispute between Li Chen and Heyuan Agile Real Estate Development Co., Ltd. released on September 20.Plaintiff Li Chen, male, born on November 24, 1978, Han nationality, actor, residing in Haidian District, Beijing, defendant: Heyuan Agile Real Estate Development Co., Ltd.
The verdict shows that the defendant published an article titled Bing Bing You Li, We Have You on its official WeChat account Heyuan 9 Agile Garden, and used two portraits of the plaintiff (one of which was a photo with Fan Bingbing) to promote and sell its real estate projects without authorization.There are clear promotional slogans, real estate introductions and other detailed information in the article. The celebrity effect is used to increase the number of clicks on the article for product promotion. The content has obvious business orientation and commercial attributes.The defendant's actions violated the plaintiff's right to portrait.
