Fan Bingbing Yesterday was March 8th Women's Day, and Fan Bingbing sued a beauty company for using her portrait on their promotional poster without permission. The second trial opened in court. During the trial, the beauty company claimed that they hung the photo as a curtain. Both parties expressed willingness to mediate.
During yesterday's trial, the beauty company stated that they had downloaded the image from a website after paying a fee. Since no personal information was available when downloading from the website, they cannot confirm whether it is Fan Bingbing or not. They downloaded the image because the figure in the photo met the standard of beauty, and an aesthetically inclined woman would feel admiration upon seeing this photo.
The company said that the location where the photo was posted was inside the glass wall of the outpatient hall. Its purpose was for sun protection, serving a role similar to curtains, making it unclear from the outside, and it was not used for advertising purposes. Moreover, they only hung it for a week, and the position of the picture was not prominent, so there was no misleading of the public, nor any reduction in social evaluation, hence it does not constitute infringement.
For this claim, Fan Bingbing's agent did not agree. This agent said that passersby could clearly see the photo, and its purpose was for promotion. The agent mentioned that Fan Bingbing is an actress with considerable fame, and now the other party uses Fan's picture and puts advertising slogans on the poster, which leads the public to think whether Fan Bingbing has undergone plastic surgery, or whether she endorses this plastic surgery institution.
Both parties expressed willingness to mediate but have not yet come up with a specific mediation plan.
■ Case Review
In June 2010, Fan Bingbing discovered that Beijing Medical Science Plastic Surgery and Beauty Outpatient Department Co., Ltd. Guomao Outpatient Department had hung a promotional poster with her portrait, but she had never given them relevant authorization, nor was there any cooperative relationship. In June 2010, she commissioned a lawyer to send a letter to the other party, demanding immediate cessation of infringement and compensation, but the other party did not respond. To protect her right to likeness, Fan Bingbing filed a lawsuit, demanding the other party immediately cease infringement, pay her 1 million yuan in compensation, 2500 yuan in notarization fees, and apologize.
The first-instance court ruled that the beauty company should issue an apology letter to Fan Bingbing and compensate her with 50,000 yuan in spiritual damages. Despite believing the judgment amount was too low, Fan Bingbing did not appeal, while the beauty company appealed to the Second Intermediate People's Court.
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