Online store loses infringement case with little boy
By Zhao Wen |
March 9, 2012, Friday
|
Print Edition
Print Edition
AN online children's clothing store must compensate a five-year-old Shanghai boy 2,000 yuan (US$317) for illegally using his modeling photos to promote products, the Songjiang District People's Court ruled yesterday.
The family of the boy filed an infringement lawsuit against the operator of the online store, whose name was not revealed, last November after the boy's father saw his son's photos when surfing on Tmall.com. Posing in the photos, the boy was wearing the clothes that were being sold in the online store.
The father said his son took the photos when attending an audition held by a photography studio in October 2010, but the boy was not selected as a young model to pose in the magazine.
In March last year, the father saw his son's photos on the store's website, again wearing the store's clothing. The store deleted the pictures but argued the boy in the picture was not his son. The father showed evidence including photos of his son and screen shots of the store's website. But the store said the screen shots were forged. The court said the online store had infringed the boy portrait rights.
The family of the boy filed an infringement lawsuit against the operator of the online store, whose name was not revealed, last November after the boy's father saw his son's photos when surfing on Tmall.com. Posing in the photos, the boy was wearing the clothes that were being sold in the online store.
The father said his son took the photos when attending an audition held by a photography studio in October 2010, but the boy was not selected as a young model to pose in the magazine.
In March last year, the father saw his son's photos on the store's website, again wearing the store's clothing. The store deleted the pictures but argued the boy in the picture was not his son. The father showed evidence including photos of his son and screen shots of the store's website. But the store said the screen shots were forged. The court said the online store had infringed the boy portrait rights.
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