Brief Introduction

The copyright owner of the Kumamon cartoon image – the government of Kumamoto Prefecture, Japan – complained to Shanghai culture and tourism law enforcement team that Shanghai Yajin Hotel Management Co Ltd used pillows and other products with the cartoon's image in their hotel rooms without the permission of the copyright owner.

After investigation, Shanghai Manmeng Culture Media Co Ltd and Yajin signed a cooperation agreement on animation IP-themed rooms. The former is responsible for purchasing and providing materials for the hotel.

From May to July 2019, Manmeng sold and provided more than 200 products with the Kumamon image to Yajin Hotel, with a total value of 19,238 yuan ($2,978). Their illegal income amounted to 7,950 yuan after deducting purchasing costs.

According to the Copyright Law, Manmeng was ordered to stop the infringement and hand over the unauthorized products and illegal income of 7,950 yuan, and was fined 50,000 yuan.

Professional Comments

The animation industry has been expanding in China, and animation IP has become a top concern for the industry. At the same time, piracy is also gradually spreading throughout the industry.

The image of Kumamon is an original external expression and an artwork protected by China's Copyright Law. According to the Berne Convention, China protects the rights of Kumamoto Prefecture, the copyright owner of Kumamon.

Though infringements in the animation industry occur frequently, the administrative punishment of infringers effectively cracks down on piracy and protects the legitimate rights and interests of copyright owners, creating a favorable social atmosphere conducive to copyright protection.