What is the outcome of the portrait infringement case brought by Ju Jingyi and Liu Xiaolingtong?

Ju Jingyi is a "4000-year-old beauty". She naturally has very high requirements for her own image. Naturally, she cannot tolerate practices that damage her image. She filed a complaint against a beauty blogger. Later, how's it going?

The beauty blogger exposed the verdict, which was quite surprising. Ju Jingyi lost the lawsuit.

Judging from the pictures posted by beauty bloggers, the court held that: as a public figure in the entertainment industry, he should have a certain tolerance obligation for the public to evaluate his publicly released photos. The defendant posted on the public account Although the portrait of the plaintiff was not approved by the plaintiff, it did not slander the plaintiff in any way. Therefore, it was ruled that all the plaintiff's claims were dismissed.

This illustrates the problem. The beauty blogger only judged her makeup and hair style, and did not mean to vilify her. So, why did she sue others?

Some netizens believe that she is a celebrity and an ordinary person. Everyone has the right to privacy or portrait rights. If everyone’s portrait rights are taken away and used by others, will it be an infringement of their own portrait rights? ?

This falls within the scope of application of portrait rights. I am not a legal professional and cannot make an accurate judgment, but the court should know it. The court’s result shows that the celebrity’s portrait rights can be used. However, there should be no vilification or derogatory behavior.

It seems that these netizens thought that her portrait could not be used, and the court gave the answer.

Since it can be used, why should we sue others?

Maybe it’s because I feel uncomfortable being criticized for my image, and I feel that the beauty blogger’s actions are too much, and I did this stupid thing in anger. The blame lies not with Ju Jingyi, but with her studio.

The studio positioned her as a "Four Thousand Year Beauty" from the very beginning. How is this standard? No one knows, because people in different periods have different appreciation levels.

People in the Han Dynasty liked the thin beauty of Zhao Feiyan, and also liked her graceful and charming appearance.

People in the Tang Dynasty liked plump women like Yang Yuhuan. This plumpness is not fat, and many people misunderstood it. Yang Yuhuan's beauty is the kind of beauty we see wearing cheongsam, with the front and back curved.

The beauties of the Song Dynasty were still thin beauties, the kind of graceful ladies played by Jiang Shuying in "Qing Ping Le".

Then the question is, what kind of beauty is the Four Thousand Years Beauty? Ju Jingyi's figure should be that of Zhao Feiyan from the Han Dynasty. The studio set up the wrong person, and she lost the lawsuit, which basically ruined her popularity!

Compared with Ju Jingyi, Teacher Liu Xiaolingtong is even more powerful (guo) and harmful (fen). He took a game company to court, believing that they had infringed on the image rights of the Monkey King he played. Compensation for one million (are you crazy about money?)

The court of first instance believed that the image of Sun Wukong developed by others was different from that of Liu Xiaolingtong (real name Zhang Jinlai), and rejected the claim of Mr. Zhang Jinlai Teacher Zhang did not give up on all the lawsuit claims and continued to file the lawsuit. The second instance upheld the original verdict.

Teacher Zhang Jinlai believes that the Sun Wukong he plays is the most authentic. Others must ask for his consent to use the image of Sun Wukong. This is a bit funny!

As funny as Monkey Sun in "Journey to the West"!

Let’s look at the original work first. The image of Sun Wukong in the original work is more similar to the image of Sun Wukong in “Journey to the West: Conquering the Demons”, rather than the image of Teacher Zhang Jinlai.

Teacher Zhang Jinlai became popular only because of the popularity of the 1986 version of "Journey to the West". What happens next? There is no after.

He was very popular for a period of time, but his disagreement with director Yang Jie made him criticized. He also posted an article saying that monkeys saluted the Monkey King when they saw it, which was found out by netizens as a pretense. shoot!

Teacher Zhang may be suing others for the sake of so-called art, but what is not yours is art, and what others have is just dross!

It is undeniable that the Sun Wukong played by Teacher Zhang is vivid and vivid, and it is also his famous work, but what happens next? It seems like there's nothing left, right?

Some people have only one role their whole life, not only Teacher Zhang, but also Ouyang Fenqiang who plays Jia Baoyu, and Chen Xiaoxu who plays Lin Daiyu!

However, the two of them did not go out of their way to sue someone just because their images of Jia Baoyu and Lin Daiyu were used, which shows that people can clearly distinguish between what is a personal portrait right and what is an artistic image!

From this point of view, Teacher Zhang is not as good as Ju Jingyi. Because Ju Jingyi is seeking justice for her own image, but what about Teacher Zhang? To seek justice for an artistic image, legally speaking, should this artistic image belong to the producer? Big guys in the legal field, come out and take a few steps!

You need to pay attention to the image of public figures, because what if someone pranks or pranks you? This is also a protection of one's own image, a protection of personality rights, and this is a good thing!

Although Ju Jingyi used the wrong strength here, it also shows that she cares more about her image in the audience's mind (that is, idols have a heavier baggage), which is also a common problem among young actors.

Look at the example of Ge You, you can get some inspiration:

The popular "Ge You Paralysis" on the Internet was once used by a company, but was found to be infringing because it was the company's business. His behavior infringed on Ge You's portrait rights and he should be held responsible.

Instead of focusing on your own appearance, it is better to focus on your acting skills and career. In Hao Lei’s words, I have become so fat and can still sit here because my acting skills cannot be taken away by others. of.

Many people pay attention, starting from appearance and ending with talent. Will Ju Jingyi become a talented person? Let’s wait and see! (It’s a mule or a horse, pull it out and run around)

Teacher Zhang’s behavior nominally infringes on portrait rights. In fact, it is more of a trademark right. The Monkey King trademark was registered by Teacher Zhang, and the trademark right belongs to knowledge. property.

Should Teacher Zhang’s approach be supported? It's okay emotionally. After all, the country attaches great importance to the protection of intellectual property rights, but does the company's behavior infringe on trademark rights?

The court’s conclusion has been reached and will not be emphasized any more. What I want to say here is that both portrait rights and intellectual property rights should be protected, but as celebrities, they should also be rational.

Instead of competing with netizens on their portraits, some celebrities might as well compete with themselves on their acting skills, in order to gain more people's support. What do you think?