signature indicating the identity of the creator, and below the watermark, there
was a photographer's signature and other brand names, indicating that the
copyright of the images involved belonged to the author rather than Xmei
Image Company or G* Company. Xlu Apiculture Company also inquired of G*
Company about the ownership of the images involved by email, and received a
reply that the images involved were submitted for publication by the
photographer, and G* Company paid royalties to the photographer after selling
such images in its own name, but the photographer retained the copyright of
such images. Based on this, Xlu Apiculture Company believed that as the
contributor retained the copyright, neither G* Company nor Xmei Image
Company enjoyed the copyright of the images involved, and the claims of Xmei
Image Company should be rejected.
Decision
On September 17, 2019, the Tianjin Third Intermediate People's Court made
the civil judgment ([2019] Jin 03 Zhi Min Chu No.73), deciding that Xlu
Apiculture Company shall compensate Xmei Image Company for its economic
losses and reasonable expenses totaling CNY8,000; other claims of Xmei Image
Company shall be rejected. Xlu Apiculture Company refused to accept the
judgment of first instance and filed an appeal. On July 16, 2020, the Tianjin
High People's Court made the civil judgment ([2020] Jin Min Zhong No.311),
rejecting the appeal, and upholding the original judgment. Xlu Apiculture
Company refused to accept the judgment of second instance and applied to the
Supreme People's Court for a retrial. The Supreme People's Court ruled to try
the case, and made the civil judgment ([2021] Zui Gao Fa Min Zai No.355) on
December 20, 2021, revoking the judgments of first instance and second
instance, and rejecting all the claims of Xmei Image Company.
Reasons for the Decision
The Supreme People's Court held that in addition to the watermark of "getty
Images", the images involved were marked with the photographer's signature
and other brand names, and "getty Images" was followed by the trademark
registration mark ""; therefore, the copyright of the images involved cannot be
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