Guiding Case No.224 Xmei (Tianjin) Image Technology Co., Ltd. v. Henan Xlu Apiculture Co., Ltd. (Case concerning a Dispute over the Infringement of an Information Network Transmission Right of a Work) (Adopted through discussion by the Judicial Committee of the Supreme People's Court and issued on December 15, 2023) Keywords: civil lawsuit/infringement of an information network transmission right of a work/ownership/burden of proof Key Points of the Judgment In the case of a dispute over copyright ownership, the copyright ownership of a work cannot be determined only by the watermark or the declaration of the right, and the party concerned who claims copyright shall further provide evidence to prove it; otherwise, it shall bear adverse legal consequences. Basic Facts The person not involved in the case, G* Company, authorized Xmei (Tianjin) Image Technology Co., Ltd. ("Xmei Image Company") to display, sell and license others to use the "getty Images" brand images of G* Company in China, and to file a lawsuit against an infringement in its own name. Xmei Image Company found that Henan Xlu Apiculture Co., Ltd. ("Xlu Apiculture Company") used four of the above brand images without permission. Xmei Image Company then filed a lawsuit on the grounds of copyright infringement, claiming that Xlu Apiculture Company should be ordered to pay compensation for economic losses and reasonable right protection expenses. In support of its claim, Xmei Image Company submitted the confirmation of authorization issued by G* company, the declaration of the right of the website and other evidence, and the images involved had the watermark with the content of "getty Images". In its defense, Xlu Apiculture Company argued that the upper right corner of the watermark on the images involved was a trademark registration mark "", but not an author's 1