When the “finger” of the manicure “was” reproduced “by 3D printing technology and sold in mussels, a confrontation on originality and imitation was staged in court. Recently, the economic and technological development zone of the people of Jianging of Nanjing City rendered a first instance judgment on this affair in terms of nail polish: the owner of Taobao Xiao Yang, must stop selling three counterfeit nail molds and compensate for the Xiaoye applicant for 15,000 yuan.
One day, Xiaoye traveled Taobao as usual, and a store called “Beautiful Castle” suddenly attracted my attention – the molds such as “three -dimensional camellia” sold in the store were simply the “Silica twins” of his original works! You should know that this Wuhan manicure with nearly 40,000 fans at Xiaohongshu is the best to sculpt three -dimensional flowers with nail polish. His works have been praised and collected 200,000 times.
Seeing that the “illustrations of the finger” which spent a lot of time and energy became a “mounting chain mold” on Taobao, Xiao Ye quickly put an order to collect evidence and continued the owner of the Xiao Yang workshop, demanding that the other part stops offense, to apologize publicly and to compensate 100,000 yuan.
Xiao Yang has not admitted that: “Using flowers for 3D sculpture design is not your first idea. In addition, tulips, lys, camellia … These are flowers in nature, they look like that! Besides, whether it be the” three -dimensional rose “that you mentioned, the elements of” Snake and Peace Backle “, etc., my works also have a recording certificate!”
Comparison of the “microscope” court
Solid hammer with three “collision” flowers
The trial of the court turned into a “class of anatomy of the petals”. The high definition images of the works of the two parts are displayed one by one, as if they played “everyone is looking for trouble” – the number and thickness of the leaves of the two were different, and the shape and the opening angle of the petals are also different. Among them, Xiaoye’s works have no Bill of Lis; Xiaoyang’s “large rose in three dimensions” mold, be it the number, size, position and shape of the leaves, and even the veins of the leaves, are compatible with the works of Xiaoye; The “tulips” are also very similar, but the tulips are simple, of weak design and not original enough …
The comparison results show that “tulip”, “tulip”, “three -dimensional camellia” and the “three -dimensional” large rose nail molds are “substantially similar” to Xiaoye works. Although Xiao Yang also recorded certain works, creation and publication time were later than Xiao Ye, and Xiao Yang had no evidence to prove that these three nail molds were created independently by himself.
In addition, Xiao Ye made another “big movement”: Xiao Yang’s Taobao store has already announced the mold directly with the image of the finished product of Xiao Ye. When customer service was questioned, he said he had to show the effect of the mold after use. Later, he said he wanted to “send the mold”, saying that the store owner hoped to cooperate with Xiao Ye.
Small Manicure Big Topic
Copyright is inviolable
After the trial, the court determined that Xiao Yang had violated the copyright of Xiaoye as part of the three works “Tulip”, “Tidimensional Camellia” and “large three -dimensional rose”. As for the amount of compensation, it is also necessary to calculate carefully: although the Xiaoye sculptures are exquisite, a single flower is difficult to compare with the value of all the painting after all; The Xiaoyang mold achieves limited profits, does not include details such as color and must be filled and treated by the buyer himself; But Xiaoyang continues to sell it even if he knows the offense and even tries to “settle the private sector” … In the end, Xiaoyang was sentenced to compensation of 15,000 yuan, and the request for a “report of a Xiaoye report” was rejected for lack of evidence.
Nowadays, molds such as “three -dimensional camellia” are no longer visible in Xiaoyangdian, but flower shapes, leaf veins, etc. Who are compared one by one in this case are like a miniature defense line – it proves that even the works of art of the nail cannot be reproduced in one click as long as they are marked with original traces and show a certain artistic beauty.
