CATDOLL: CCTV's "New Big Head Son and Small Head Dad" was sentenced to 1.26 million yuan in damages for infringement

"Big Head Son", "Small Head Dad" and "Apron Mom" ​​are a classic cartoon family image that has been popular all over the country for 20 years. Hangzhou Big Head Son Cultural Development Co., Ltd. sued CCTV Animation Company for infringement and claimed 1.6 million yuan in compensation. This case has attracted much attention from all walks of life because it involves the copyright of "Big Head Son". The Binjiang District People's Court of Hangzhou announced on the 21st that the case has been ruled in accordance with the law: CCTV Animation Company's remake of "New Big Head Son and Small Head Dad" constitutes infringement and compensates Hangzhou Big Head Son Company 1.26 million yuan.

The classic cartoon "Big Head Son and Small Head Dad" is a popular cartoon jointly produced by CCTV and Shanghai Oriental TV in 1995. The main character is Liu Zedai.

It is understood that Liu Zedai transferred the copyright of the three characters in the 1995 version of the cartoon to a man surnamed Hong in Hangzhou in 2012. Later, Hangzhou Big Head Son Culture Development Co., Ltd. acquired the copyright of the three characters from the man surnamed Hong.

In 2013, CCTV Animation Company launched the animated TV series and movie "New Big Head Son and Small Head Dad", adapting the story and the images of Big Head Son and Small Head Dad.

The Hangzhou Big Head Son Company believed that CCTV Animation Company adapted the character into a new one in 2013 without permission and without payment, launched "New Big Head Son", and exhibited and promoted the new character, infringing the company's copyright to the art work, and demanded compensation of 1.56 million yuan from CCTV Animation.

However, CCTV Animation denied infringement in court, and its attorney stated that Liu Zedai only designed the front design sketches of the three animation characters, not the final products. Later, Liu Zedai and CCTV verbally agreed that the copyright of the animation's design belonged to CCTV.

"A creative concept cannot be used directly, but needs to go through many follow-up steps. The cartoon that has been broadcast was created by many people based on the creativity of teacher Liu Zedai, and should be considered a collaborative creation." CCTV Animation once stated in court that the copyright has always belonged to CCTV.

The Binjiang Court finally determined that in 1994, Liu Zedai was commissioned by Cui Shiyu, the director of the 1995 animated film, to independently create three works of art, "Big Head Son", "Small Head Dad" and "Apron Mom". Since the two parties did not sign a commissioned creation contract to stipulate the ownership of the copyright, Liu Zedai, as a trustee, enjoys full copyright to the three works of art.

The court found that Liu Zedai's transfer of his works for which he enjoyed full copyright to the man surnamed Hong was the true intention of both parties and did not violate the law. Both parties clearly acknowledged the authenticity of the contract content and the signing time. The transfer between Liu Zedai and the man surnamed Hong was legal and valid. According to the law, the man surnamed Hong enjoyed the copyright of the three works of art except for his personal rights. Afterwards, Hangzhou Big Head Son Culture Development Co., Ltd. also obtained the copyright of the three works of art except for his personal rights.

The Binjiang Court held that CCTV Animation Company, without the permission of the plaintiff Hangzhou Big Head Son Cultural Development Co., Ltd., used the works of Hangzhou Big Head Son Company in an adapted manner in the 2013 version of the "New Big Head Son and Little Head Dad" animation and related exhibitions and publicity, and made profits therefrom, which infringed the copyright of Hangzhou Big Head Son Company and the company should bear the corresponding liability for infringement.

However, considering other factors, the court believed that whether to stop the infringement should also take into account the principle of fairness, and therefore ordered CCTV Animation to compensate Hangzhou Big Head Son Company nearly 1.26 million yuan.