On May 21, the small full solar term, an Audi advertising film endorsed by well-known artist Andy Lau appeared on the hot search.
.
\u3000\u3000
On May 22, in response to the rights protection video released by the Kwai blogger "man ge of Peking University", Audi issued a statement on its official microblog, saying:
We noticed that there was a discussion about copywriting infringement in a short video released yesterday. We sincerely apologize for the trouble caused to Mr. Andy Lau, brother man of Peking University and relevant parties due to weak supervision and lax audit. The video was submitted and implemented by creative agency M & C Saatchi. Based on the principle of not avoiding problems, we have instructed it to deal with the infringement of the involved copy as soon as possible and give a satisfactory reply to the public. At the same time, before the facts are officially clarified, Audi's official channels will comprehensively take the video off the shelves. “
The reporter's investigation found that at present, Audi and Advertising Spokesperson Andy Lau have all taken off the advertising video. So, in this event, does Audi constitute infringement? What kind of tort liability should be borne? Do advertising spokesmen Andy Lau and advertising companies also bear corresponding legal responsibilities
Zheng Ning, director of the law department of the school of cultural industry management of Communication University of China, said in an interview with the reporter of China consumer daily:
From the perspective of the copyright law, if the "man ge of Peking University" wants to claim that the copy of Audi's video advertising infringes its copy copyright, it must first prove that it enjoys the copy copyright; Secondly, the copywriting of the two videos is substantially similar. If Audi wants to claim that there is no infringement, it needs to provide legal defense.
According to the information disclosed at present, if the "man ge of Peking University" files a lawsuit, it is more likely to be recognized as copyright infringement by the court. Once the infringement is constituted, Audi will immediately take measures to stop the infringement, eliminate the impact, make an apology and compensate for the losses.
Zheng Ning said that according to the relevant provisions of the copyright law, Liu Dehua, as a performer of the video, must obtain the permission of the copywriter copyright owner in advance when using the works of others for performance, otherwise it will constitute infringement.
According to the relevant provisions of the advertising law, Audi entrusted creative agency M & C Saatchi to submit and execute the report to plan and shoot the advertisement. The advertising company did not strictly control the copyright of the advertising copy and was the first person responsible for the event. Audi can ask the advertising company to compensate for the losses according to the contract between the two parties.
\u3000\u3000
