The artist Wang Jun "Snowman" "is endorsed" Xtep ads infringed or sued

It is reported that on January 10, 2013, one month before the Lunar New Year, the artist Wang Jun received a friend's notice that his work “Snowman” was used on the homepage of Tencent Entertainment, and its title was “2013 A snow, under the big hair? ? ? There is a distinct logo for the sports brand Xtep in the upper left corner of the picture. Clicking on the link to the picture is a promotional campaign initiated by Xtep. The actions of Tencent and Xtep were obviously used for commercial purposes, and they did not obtain the consent of artist Wang Jun in advance, which was a clear violation.

“Snowman” is an act performed by the artist Wang Jun on Feb. 10th, 2009 at Caochangdi Grove in Beijing. Its content is: Artist Wang Jun is snow-covered with a snowman and uses his own body temperature to slow the snow. Slowly melted. Its creative background originated from the 2008 snowstorm in the south. Wang Jun wanted to go to the south to do such a work, but he could not make it. In February 2009, this plan was put into practice when snow was falling in Beijing. Wang Jun hopes to use this work to remind the people "We have to spend together when we have a disaster!"

The work has received a great deal of attention during the implementation process, and there have been many media reports afterwards. We can easily find pictures and descriptions of works on many websites and magazines. The use of pictures by Tencent and Xtep as artists' works is an indisputable fact, and this is a fact that is easily available to both companies in the infringement.

When Tencent.com used the picture, without permission, on the one hand, it showed that its copyright awareness was not strong, and on the other hand, it could see that it was a bully and a small gesture. Tencent, one of the domestic giants, and Xtep, a well-known sports brand, used the artist's works without permission or explanation to cause serious harm to the artist and his copyright.

The original intention of the artist Wang Jun's creation of this work was also distorted. Its intention was to use the body's temperature to slowly melt the snow, and called on the people to tide over the hard times of the snowstorm. The artist himself has strong feelings for his compatriots in the motherland. He felt his compatriots when they suffered from natural disasters and created this work. Its positive intention and its influence convey positive energy, which reflects the sense of responsibility and mission of a young man to society.

However, Tencent and Xtep have achieved their own commercial purpose in order to manufacture Shantou. This is clearly stated in the copyright law that it infringes the artist's copyright. The infringement specifically manifested in the following aspects: Infringement of the right of authorship in the artist's copyright (not shown in the pictures and descriptions), the right to modify the work (the cultural significance attached to the work was distorted, The solemnity of the work and the sense of responsibility and mission it conveys are masked, replaced by pan-entertainment and commercialization, and the protection of the integrity of the work (which is the artist's work is maliciously tampered with without permission).

Because of the particularity of performance art, the artist's portrait and body are also presented as part of the art. Therefore, the actions of Tencent and Xtep also infringed on the artist's portrait rights and reputation rights. The artist Wang Jun artist was naked and "endorsed."

Up to now, Wang Jun has collected relevant evidence for the preservation of evidence and invited Beijing Mo Shaoping Law Firm to be entrusted. He will soon issue a lawyer letter requesting Tencent Entertainment and Xtep Brand to publicly apologize and compensate. At present, Tencent has deleted the controversial picture.