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Kids wear store compensates boy for using his photos

A 5-year-old Shanghai boy was paid 2,000 yuan (US$317) in compensation by an online children's clothing store that used his photos without permission to promote products, the Songjiang District People's Court said today.

The boy named Pingping filed a portrait infringement lawsuit against the online store, whose name was not revealed, last November after his father saw Pingping's photos while browsing, a spin-off from China's biggest e-commerce platform

Pingping was wearing the clothes sold by the online store in those photos, the court heard.

Pingping's father said his son attended a modeling audition held by a photo studio in October 2010 but the boy failed to be selected as a young model to pose for a fashion magazine.

Last March the father saw his son's photos on the store's webpage and the store had sold dozens of clothes Pingping was wearing in the photos. The studio said they were unaware of the infringement and asked the father to contact the online store directly.
The store deleted the pictures but argued the boy in the photos was not Pingping. It also refused to pay 60,000 yuan in compensation as demanded by Pingping's parents.

Pingping's father brought the case to court and showed Pingping's photos and screenshots of the store's webpage. But the store said the screenshots were forged.

The court ruled that the store had infringed the boy's right and should pay 2,000 yuan in damages.


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