Film IP Derived 'Script Kill' Game Ruled as Copyright and Trademark Infringement

WISECODE Take

On September 17, 2026, the Shanghai Yangpu District Court ruled that B Culture Media Co. must pay A Company 100,000 RMB for unauthorized use of the character 'Chun' from the movie 'Big Fish & Begonia' in a script-killing game. This dispels the misconception that acquiring overall film licensing allows free use of individual elements. The court noted that character images and posters are independent artistic works; even if the film's overall copyright is licensed to others, the owner retains enforcement rights. Like in sports, buying team broadcasting rights does not grant individual player portrait rights. Creative developers face litigation risks without granular licensing, while retailers purchasing legitimate goods without online distribution remain unaffected. We-IP's trademark monitoring service helps brand owners detect such free-riding infringements. We suggest: First, explicitly list authorized independent works like art and music in licensing contracts. Second, distributors should demand complete authorization certificates and define indemnity clauses. Clarifying rights is not a barrier, but a safeguard against litigation when derivative works gain market traction.