The case of Xiaoshenyang v. Wan Xiaodao is a high-profile infringement case. Xiao Shenyang is a famous crosstalk actor in China, while Wan Xiaodao is an online anchor. In 2019, Wan Xiaodao imitated Xiao Shenyang's cross talk performance in his live broadcast, which caused Xiao Shenyang's dissatisfaction. Xiaoshenyang believed that Wan Xiaodao's behavior infringed on his copyright and portrait rights, and sued Wan Xiaodao for compensation.
Trial process
This case was heard in the People’s Court of Haidian District, Beijing. During the trial, Xiaoshenyang’s attorney claimed that Wan Xiaodao’s imitative behavior had constituted an infringement of Xiaoshenyang’s copyright and portrait rights, and demanded that Wan Xiaodao stop the infringement and compensate Xiaoshenyang for its economic losses and reasonable expenses*** 1 million yuan. Wan Xiaodao said that his performance in the live broadcast was just a form of entertainment and did not infringe on Xiao Shenyang's rights.
During the trial, the court also invited relevant experts to conduct appraisals. After identification, experts believe that Wan Xiaodao's performance is indeed similar to Xiao Shenyang's cross talk performance, and may have an impact on Xiao Shenyang's copyright and portrait rights. Therefore, the court believed that Xiaoshenyang’s claim had certain factual and legal basis.
Judgment Results
Currently, the case of Xiaoshenyang v. Wan Xiaodao has entered the judgment stage. The court will make a ruling on the case based on relevant evidence and legal provisions. For both Xiaoshenyang and Wan Xiaodao, this sentencing will determine the ownership of their rights and interests.
Although it is still unclear what ruling the court will make, this case is of great significance to the entire entertainment industry. It not only involves the protection of copyright and portrait rights, but also pays attention to the regulation and development of the online live broadcast industry. I believe that the court will make a fair ruling based on relevant evidence and legal provisions and protect everyone's rights and interests.