This year, the cultural performance market has recovered, and various forms of performances have flourished. According to data from the China Performance Industry Association, in the first half of this year, a total of 19330,000 commercial performances, concerts, festivals and other offline performances market popularity has risen. But behind the booming performance market, there have also been cases of intellectual property infringement.
On October 2, the official Weibo of "Hualiu Concert" issued a statement saying that the brand name and promotional copy of the concert were plagiarized by "copycats", and issued a "lawyer's letter" stating that the organizer of the "Lile Quzhou x Hualiu Concert" event used the relevant trademarks with the words "Hualiu Concert" without authorization when promoting externally, and the relevant copywriting for publicity was also *** This kind of behavior will cause confusion among the partners and fans, and seriously infringe the trademark rights of Hualiu Concert, requiring the organizer to stop the infringement and modify the infringing information.
Hualiu Concert" also displayed the trademark certificates of "Hualiu" and "Hualiu**" held by Beijing Hualiu Starlight Technology on Weibo, and completed the trademark registration and protection. In accordance with the provisions of the Trademark Law, Beijing Hualiu Starlight Technology Co., Ltd. has obtained the exclusive right to use the trademarks of large-scale events such as "Hualiu ** Concert", "Hualiu Concert" and "Hualiu ** Festival". In addition, "Hualiu ** Festival" and "Hualiu Concert" are a series of national activities jointly sponsored by Xinhuanet and Hualiu ** Group, and have achieved high social attention and trademark influence in the two national tours.
The organizer of the "Lile Quzhou x Hualiu Concert" event responded on the 7th, issuing an apology statement on Weibo, explaining the facts of infringement, indicating that it used the "Hualiu" trademark and the name of the event without knowing it, and apologized for the infringement. Promise to rectify the promotional materials and materials, delete the words "Hualiu" and "Hualiu Concert", and stop all infringements. "Hualiu Concert" said that it would not pursue relevant legal responsibilities.
In addition to the infringement in the above cases, there are other common infringement phenomena in the performance industry:
1. Unauthorized live webcasting of performances, or audio and video recordings of performances, constitutes an infringement of performers' rights.
2. Disseminating performance videos on online platforms without permission constitutes infringement.
3. Adapting the original creator's work without the authorization of the original creator, not paying remuneration or not signing the original creator's name, is suspected of infringement.
How to protect rights in case of infringement?
If offline infringement is discovered, evidence collection tools can be used to record and take photos of the infringement site to preserve evidence of the infringing materials and the infringement site. In the event of online infringement, at the beginning of discovery, evidence collection tools should be immediately used to preserve the evidence of the infringement, fix the infringement evidence, and avoid the deletion of the infringement evidence. For the purpose of mediation, you can apply for proof of deposit, and for the needs of litigation, you can also apply for the issuance of a notarial certificate.
The prosperity of the cultural performance market has promoted the development of the cultural consumption market. Only by respecting intellectual property rights and protecting the rights and interests of original creators can we promote the healthy and orderly development of the cultural performance market, lead the development of the cultural performance market into the fast lane, and stimulate the vitality of the cultural performance market.