Datang flies like a dream.

Piece flower:

A beautiful university teacher, several sets of professional body photos.

(00: 06: 56) It took two days to shoot.

(00: 49: 30) This set of works contains some elements of human portrait photography.

A famous portal website has been clicked by millions of netizens.

(00: 10: 16) Then I knew that Sohu had stolen my photo.

(00: 50: 30) Tens of millions of people have visited it.

Where is the way to protect rights on the Internet?

Please continue to pay attention to the witness "difficult nude case"

Oral broadcast: When it comes to Dunhuang, we can't help thinking of the Mogao Grottoes at once. It is not only a treasure of China culture, but also an important part of the world cultural heritage. In recent years, due to the development of tourism, more and more people know it and have seen it. Everyone who has seen Dunhuang murals is infected by its exquisite and extraordinary artistic atmosphere and shocked by its hearty performance. The protagonist of our program today is a female university teacher who loves Dunhuang art. Recently, she started a lawsuit with a famous website because of a group of photos related to Dunhuang.

Commentary: Liu Xiao is a teacher in a university in Nanchang. He likes dancing and photography after work. A few years ago, she took part in a dance performance.

Liu Xiao (00: 05: 16) happened to have a dance, flying in Dunhuang, which was very successful and performed many times.

Commentary: This dance, which was directly based on the flying image in the murals of Dunhuang Mogao Grottoes, was very popular at that time. Like other dancers, Liu Xiao enjoys the joy of success. But unlike others, Liu Xiao began to notice a trace of regret at this time.

Liu Xiao (00: 05: 23) But unfortunately, I have never got a stills that I like very much, so I have always had a regret here.

Commentary: In order to make up for this regret, Liu Xiao thought of his major.

Since Liu Xiao (00: 05: 32) studied photography, he very much hoped to reproduce his original dream through the combination of photography and dance.

Commentary: Liu Xiao found photographer Wheeler and began to plan shooting. At this point, the dance is over. How can we shoot dancing with the same charm of Dunhuang?

Liu Xiao (00: 06: 10) also collected a lot of materials, including pictures and words, which took about half a year to prepare.

Wheeler (01:23: 34) In July and August, 2005, we specially went to Dunhuang to experience the flying murals in the Tang Dynasty.

Commentary: For this Dunhuang complex in his heart, Liu Xiao not only did a lot of work before shooting, but also tried his best when shooting formally.

Liu Xiao (00: 07: 07) was on the set, playing this Dunhuang classical music with a loud voice, and the collected pictures were also played on the computer. It can be said that the whole environment was really shot in such a dance atmosphere, so it was very enjoyable.

(Art photos, slide-in effects, overlapping paintings)

Commentary: What you are seeing now is the works created by Liu Xiao and photographer * * *. They are uniformly named "Dancing in the Tang Dynasty", and these photos are divided into several groups according to different backgrounds, costumes and effects. Soon, Liu Xiao uploaded these photos to a professional photography website called Hummingbird under the screen name of Rabbit MM.

The purpose of Wheeler (0 1: 25: 54) is to communicate with people in the industry, one is to get affirmation, and the other is to let professionals point out our shortcomings.

After Liu Xiao (00: 1 1: 08) was issued, it can be said that the response was quite good, and many photographers in Beijing, Shanghai and Guangzhou gave very good comments.

Commentary: While being well received by the industry, some photography agencies also came here and extended an olive branch to them, intending to cooperate with Wheeler and Liu Xiao.

Wheeler (0 1: 26: 52) has a photography company in Nanchang, and signed a contract with us at that time to buy the copyright of our photos.

Commentary: "Dancing in Datang" not only fulfilled Liu Xiao's Dunhuang complex and her dream of reappearing dancing, but also brought more practical benefits to herself and the photographer, which made Liu Xiao very happy. However, things are not that simple. Once these photos enter the online world, they will have power beyond Liu Xiao's control. What the hell happened? Please continue to pay attention to witnesses and difficult nude pictures.

Piece flower:

The photo uploading professional website is an academic discussion.

(0 1: 25: 54) The purpose of uploading is to communicate with people in the industry.

I never thought I would be reprinted by others.

(00: 10: 16) Then I knew that Sohu had stolen my photo.

Whether it is art or pornography, netizens are arguing endlessly.

(00: 50: 52) Some comments are very negative and even attack the life of the model.

Pay to download Sohu and steal the interests of others?

(00: 10: 3 1) In other words, it was downloaded as a mobile phone message.

The witness "Hard Naked Case" is being broadcast.

Commentary: After uploading the first set of photos, Liu Xiao was busy with the post-production of the second set of photos. Just after the second set of photos was uploaded to the hummingbird website, Liu Xiao suddenly received a phone call.

Liu Xiao (00: 09: 56) One day, a friend from Guangxi told me, Oh, did you post this on Sohu? I think it's strange.

Commentary: In order to verify the photographer's reflection, Liu Xiao opened Sohu's website in time. In the forum of Sohu. com, I found a set of photos of myself.

At first, Liu Xiao (00: 1 1: 3 1) felt incredible. How can such a thing be done by a big portal of Sohu? (00: 10: 20) was the first group. Two days later, my second set of photos was also infringed by Sohu. (00: 10: 16) Then I knew that Sohu had stolen my photo.

Commentary: Liu Xiao immediately told the photographer all this, and photographer Wheeler began to realize the seriousness of the problem.

Wheeler (0 1: 27: 40) If a photo like this is uploaded to the website, it must be approved by my model. (0 1: 27: 5 1) I (we) can't upload to non-professional websites.

Commentary: Sohu is a well-known network company in China, and its portal website has a high reputation in the industry. In Sohu's website, we saw the introduction that "Sohu is the first brand website in China, and Sohu has registered users for over 100 million times". Compared with the minority group of professional photography websites, Sohu aims at a wider range of network users.

Liu Xiao (00: 1 1: 59) is open to many people because Sohu is such a big portal. Many other netizens gave some very bad insulting comments after seeing my pictures, which made me even more angry.

Commentary: The comments of netizens made Liu Xiao feel uneasy. At the same time, she also found that Sohu also provided a mobile phone picture download service for this group of photos. As long as you enter the mobile phone number, anyone can get one of the photos at a price of two yuan as their mobile phone standby picture or MMS. What makes Liu Xiao unacceptable is that the name of the photo has also been changed.

According to my creative experience, Liu Xiao (00: 12: 23) was named "Flying in the Tang Dynasty" and "Dream of Flying in the Tang Dynasty" respectively, which were both poetic names at first, but after being infringed by Sohu, my name was maliciously tampered with in order to improve the click-through rate. (00: 12: 47) Especially in the second group, it was changed to "Tang Dynasty maiko", and this "prostitute" also used prostitutes as prostitutes, which gave people a very bad guiding tendency.

Commentary: Under the influence of this portal, more people around Liu Xiao also saw the group of photos named "Maiko in Tang Dynasty" on Sohu.

Liu Xiao (00: 23: 23) When many friends saw this, they all asked me with incomprehensible feelings, and they were very careful to say whether this was you, just like you. I said yes, and then many people were silent.

Commentary: In order to solve the problem, Liu Xiao and the photographer began to try to get in touch with Sohu.

Liu Xiao (00: 16: 13) called them later, and they kept shirking, saying that they didn't know, and I didn't know. This was the evasive attitude.

Wheeler (0 1: 30: 22) My first thought at that time was to take up legal weapons to safeguard my rights and interests. Although I am facing such a powerful website.

(Still picture, subtitle: Zhang Lixun, Liu Xiao's attorney)

Commentary: When interviewed by us, Mr. Zhang first talked about a special issue.

Zhang Lixun (00: 58: 40) If you find this problem, the evidence may be fleeting, it may still be on the webpage today, and the webpage will be invalid tomorrow, or the website will be deleted. What should you do? Our country's law stipulates a special procedure called evidence preservation.

Commentary: In Liu Xiao's case, shortly after discovering Sohu's infringement, they went to the notary office to print and notarize all the relevant website pages and documents, which preserved sufficient evidence for future litigation. This is evidence preservation procedure. This is especially important in situations involving networks.

Zhang Lixun (0 1: 00: 02) After we saved the evidence, we sent a lawyer's letter to Sohu, and the Sohu website deleted this set of works. If there is no evidence preservation, you won't be able to see it when you click on this webpage during the trial.

Commentary: Liu Xiao's attorney believes that Sohu infringed the copyright of photographer Wheeler and Liu Xiao's portrait right, so these are actually two cases.

Zhang Lixun (00: 4 1: 2 1) For the photographer himself, this set of photographic works belongs to the photographer, so as a photographic work, it should be protected by copyright law.

(00: 50: 30) When we clicked on the website, we could clearly see that the number of clicks of netizens was tens of millions, which was equal to this image. At least, tens of millions of people have been there without the consent of the model.

Commentary: At the beginning of this year, two cases of suing Sohu for infringement were held separately. What is puzzling is that until the trial, Sohu almost did not respond.

Liu Xiao (00: 18: 19) was tried in absentia because no one from the other side appeared in court.

Commentary: On 1 month, 2006, donghu district Court of Nanchang made the first-instance judgment. It is believed that Sohu Company's behavior of publishing its photos on its forum without the consent of the photographer and the model itself constitutes an infringement on the model's portrait right and photographer's copyright. He was sentenced to pay 50,000 yuan to the model and 1 10,000 yuan to the photographer, and he had to apologize to them publicly. Both plaintiffs are satisfied with the result, but what about Sohu? To this end, we tried to contact the legal department of Sohu, which is responsible for all legal affairs of the company.

(Telephone recording, no interview)

Commentary: This telephone reporter called many times, but the result was the same every time. Surprisingly, in June this year, Sohu quietly filed an appeal.

(Nanchang Intermediate People's Court court lens)

Commentary: The trial process was very intense. Sohu mainly put forward three defense reasons: First, Sohu did not think that it had published Liu Xiao's photo; Second, it is not Sohu who posted photos on Sohu's website, but registered netizens of Sohu. Websites must respect netizens' right to speak and publish; Third, Sohu deleted the relevant web pages after receiving the lawyer's letter, which did not infringe on the rights and interests of photographers and models.

In the face of sudden changes in the situation, the plaintiffs Liu Xiao and Wheeler expressed their willingness to mediate. Sohu agreed to mediate. After the trial, we finally found an attorney for Sohu.

The mediation by Li Jingchuan (01:1:21) has not been finalized. I have this intention. I basically talked about a counterexample, which has not been finalized yet. I have to go back and report to the leader.

Commentary: While the network brings us convenience, it also constantly raises new problems. Network infringement is an embarrassing thing that is very easy to encounter. In 2003, an unknown primary school student in Nanning caused a powerful network storm because a photo was uploaded to the Internet. For a time, various modifications of his photos flooded every corner of the network. The name "Internet chubby" has become one of the most frequently searched words, and even foreign websites can see him become Batman, 007, even beautiful girl and Bush. When people interpret this almost popular semi-madness with spoof, humor and hippie spirit, has anyone ever thought about how the child's portrait right was violated? When more and more people use blogs, forums and online photo albums to record their lives, how can we avoid the virtual network infringing on our real rights and interests?

(Experts suggest how to protect your own network rights, privacy protection, rights awareness, etc. )

Subtitle: Before our program was broadcast, the reporter received a phone call from Liu Xiao. She told us that no agreement could be reached because of the great differences between the two sides on the amount of compensation. The second mediation will be conducted at an appropriate time.

Oral broadcast: When our program was broadcast today, the mediation between photographer Liu Xiao and Sohu was still in progress. We are more concerned about the final solution of a network infringement case than the final agreed compensation figure. More importantly, while we are constantly striving to improve the real world, we also remember to improve the virtual reality platform of the online world by the way, saying that it is virtual because it only needs one role and one program to complete all operations. The reason why it is realistic is that everyone who seeks communication in the network is faced with another real person in front of the computer screen.