What happened to Audi's xiaoman solar terms advertisement?

May 2 1 day is "Xiaoman", and FAW Audi released a promotional film starring Andy Lau on this day. The high style of advertisements, coupled with Andy Lau's superstar status, soon spread all over social media. Who knows that after the advertisement was broadcast, netizens found that the copy copied the video of a blogger in Tik Tok. Ge, a Peking University native, said: "The word-for-word treatment is really disappointing. The hard-working original works were copied and I felt very helpless. " After that, Audi's advertising creative agent said: the copyright awareness is weak, and I apologize to the original author. There is also a poem in the advertisement, which Andy Lau said in the video was written by Zeng Guofan. Ge, a Peking University student, said that the last three sentences were original except that Zeng Guofan was quoted in the first sentence.

Audi issued a statement in the official Weibo, saying that there was a discussion about copywriting infringement in the short video, and sincerely apologized for the troubles caused to Mr. Andy Lau, Peking University Man Ge and related parties by poor supervision and lax review. In response to this incident, Professor Apollo of East China University of Political Science and Law said in an interview with Nandu that the full-house copy of Peking University was original and constituted a work. Audi advertising copy is basically similar to the previous copy. This is suspected of infringing on Manchu's right to copy and disseminate information on the Internet.

Another intellectual property professor at a university in Shanghai told Southern Reporter that from the content of the advertisement video, plagiarism is not controversial, and the copy is almost identical, which is obviously suspected of intentional plagiarism. As an advertisement publisher, Audi bears tort liability. As for who will bear the liability for compensation in the end, it depends on the cooperation contract between Audi and the copywriting company.

"If this matter really goes to court, generally speaking, the plaintiff can sue Audi. Audi can request to add a creative agency as the defendant, and the latter can also add a copy of the advertisement and bear damages according to its fault. "

Advertising copy belongs to written works and is protected by copyright law. Although Andy Lau did not take the initiative but was entrusted by the relevant parties to recite or perform this written work, he theoretically enjoyed the rights of a performer after his performance. He can authorize the parties concerned to use such performances, and this authorization needs to be based on the legal use of other people's written works.

"In this sense, Andy Lau as a copywriter also needs to take responsibility, and the plaintiff (Peking University Little Mango) can also sue Andy Lau. Of course, whether Andy Lau is ultimately responsible depends on his contractual agreement with the relevant copywriting company or the entrusting party. " He thinks that even if he doesn't know it, Andy Lau still infringes the performance right of copywriting and needs to bear the civil liability to stop the infringement (with the cooperation of advertising company and Audi company); If Andy Lau doesn't know, he can be exempted from liability.