CCTV Animation Won The Copyright Infringement Case
CCTV Animation Won The Copyright Infringement Case
CCTV Animation Won The Copyright Infringement Case
Alice Dong
Big Head Son and Small Head Father (大头儿子和小头爸爸) is a household animation name in China, which made a collection of classic Chinese cartoons that Chinese people, young and old, grew up with.
CCTV Animation Co., Ltd (央视动画有限公司) (hereinafter referred to as CCTV Animation), the plaintiff and the owner of the copyright animation work, filed a lawsuit over copyright infringement early this year, and won the first instance trial last week.
The Judgment
August 18, 2017, People's Court of Beijing Chaoyang District ordered:
(1) The defendants, Hangzhou Big Head Son Culture Development Co., Ltd. (杭州大头儿子文化发展有限公司) (hereinafter referred to as Hangzhou Company), and Beijing Times Jia Li Trading Co., Ltd.(北京时代佳丽商贸有限公司) (hereinafter referred to as Beijing Times), to stop authorising the production and sale of the involved infringing products;
(2) Hangzhou Company to compensate CCTV Animation for financial loss and reasonable expenses to the amount of 280,000 Yuan (around 42,000 US Dollars).
Background
Big Head Son and Small Head Father is a timeless classic by the famous children’s literature writer Zheng Chunhua. The title "big head son" and "small head dad" comes from the nicknames of a little boy and his father which were given because of their special physical characteristics.
Writing from a child’s point of view, he wrote a series of fun stories, filled with children’s daily life and rich life lessons. It allows children to appreciate laughter, warmth, love, and gratefulness.
Plaintiff’s Claims
The plaintiff CCTV Animation claimed that it was the copyright owner of "Big Head Son and Small Head Father" literature and cartoon works, enjoying the copyright upon the "big head son" and other animation images. "
Big Head Son and Small Head Father" became widely popular in China since its release in 1995, the old version, and in 2013, the new version. It believed "Big Head Son and Small Head Father" constituted ‘well-known goods’ under the Anti-Unfair Competition Law of the People’s Republic of China.
CCTV Animation accused Hangzhou Company of illegally authorising third parties, without the permission of CCTV Animation, to produce and sell derivative products containing the copyrighted images owned by CCTV Animation, including but not limited to 'big head son’ dolls.
CCTV Animation found Beijing Times sold two kinds of 'big head son' dolls which were produced under the authorisation of Hangzhou Company.
In addition, Hangzhou Company also used "Big Head Son and Small Head Father" in their official WeChat account as the famous name of the well-known goods.
Moreover, CCTV Animation argued the above acts of the two defendants violated the legitimate rights and interests of CCTV Animation, causing significant losses to the Company.
It requested the Court to order：
(1) The two defendants to stop authorising the production and sale of infringing products, and to immediately destroy the existing infringing products;
(2) Hangzhou Company to stop using images of cartoon characters to produce derivative goods, and to stop using the well-known name of "Big Head Son and Small Head Father";
(3) Hangzhou Company to pay for financial losses of 300,000 Yuan and reasonable expenses of 100,000 Yuan.
Industry View
The animation industry believes that CCTV Animation's victory in the copyright case ascertained the copyright ownership of the cartoon "Big Head Son and Small Head Father" and its characters’ images.
The decision of Beijing Chaoyang Court shows that the efforts to protect intellectual property in terms of animation has been greatly enhanced under the judicial environment in China, fully encouraging the original and innovative creation of Chinese animation and inspiring the entire Chinese animation industry.
