Chinese flash-maker sues NIKE for copyright violation

cctv.com 01-11-2004 12:43

It may not surprise you if an American company sues a Chinese firm or individual for violating the copyright in its CDs, DVDs, or other products. But when the situation is reversed, it may sound a little unusual.

Recently, a Chinese flash-maker took the American sportswear giant, NIKE, to court, accusing it of violating his copyright in a popular cyber cartoon figure that he says he created years ago.

Twenty-eight year old Zhu Zhiqiang, better-known as Xiao Xiao, is a well-known Chinese flash-maker. His best-known work, a cartoon figure called the Stickman, is a master in Kangfu, dancing and sport. His cartoon series telling the Stickman's stories made Xiao Xiao one of the country's most famous flash-makers.

But a few months ago, he found himself in trouble. His friends told him the American sportswear maker, NIKE, was running an advertisement telling the stories of a similar character. What bothered him was that he'd never had any contact with NIKE.

Zhu Zhiqiang (Xiao Xiao), flash-maker, said, "I just felt helpless, because people think that that figure is what I did for NIKE. But the fact is that it's not. And I also feel that compared with my Stickman figure, that NIKE figure is not so good, so delicate, so exaggerated or so much fun."

Not exactly the same, but quite similar. Xiao Xiao decided that NIKE's ad figure was a copy of his idea, only in an inferior form. But what happened later on forced him to treat it seriously.

On numerous TV channels, on the Web, and even in the subway, NIKE was waging a promotion war. Naturally and gradually, the Stickman was taken for granted as a NIKE symbol. And that has changed Xiao Xiao's life.

Zhu also said, "It's not only affected my cartoon creation, it's also disrupted my cooperation with my clients. My plans have also been affected. Moreover, it has changed people's impression of my cartoon figures."

Xiao Xiao used to make cartoon ads for dozens of firms, but now that business has all but stalled. He said his financial loss was hard to estimate and he has decided to sue NIKE for using his copyrighted idea without paying him.

His demands include that NIKE stop the ad, apologize, and pay 2 million Yuan, or about 240,000 US dollars in compensation. But NIKE's response has been tough.

Maurice Zhou, Shanghai @ PR Consulting of NIKE PR agency in China, said, "This is NIKE's statement that the creativity in sports character titled "Stickman" is an original creation of NIKE and its advertising agency Wieden + Kennedy, Amsterdam. We strongly believe that Mr. Zhu Zhiqiang's claim is without merit."

Xiao Xiao said he created his Stickman nearly 15 years ago when he was still in middle school. Many of his works were prizewinners, and more importantly, his major works are all copyrighted. Based on these facts, his lawyer is confident of winning the case.

Xiao Xiao's lawyer, Wang Huihong, said, "The most important thing is who created the figure or who came up with the idea, who first applied the figure in certain products in certain areas. This is the most crucial thing. In Copyright Law, originality is the fundamental element of a product."

The suit has been accepted by Beijing's First Intermediary Court and the trial is expected to start in a couple of months. While the case is the first in which a Chinese individual has sued an American company for internet copyright violations, chances are it won't be the last.

Editor:Zhang  Source:CCTV.com