Comedian Zhao Benshan [Global Times]

Zhao Benshan, a household name in China for his comic performances, has claimed 2.05 million yuan (US$299,915) from portal website Sina and wireless service provider Xingchao Online as compensation for using his image without permission, according to a Chinacourt.org report that appeared Wednesday.

Zhao said his image was morphed into an animation character in an advertisement promoting mobile games on cable television stations around the nation. He has filed a suit at the People's Court of Haidian District in Beijing to seek damages from the two companies.

The animation character imitating Zhao's body movements and voice from his stage performances, run through the advertisement along with instructions of downloading the mobile games such as poker and mahjong for a fee.

Zhao has accused the mobile service provider for tarnishing his image by taking mobile users' money without providing any service as some customers were unable to download games even after paying the money.

Zhao said he was accused of cheating the public and this has seriously dented his image among people.

Sina said they have not received any summon from the court yet. “We've been trying to talk with Zhao about it,” said Chen Jinguo, senior PR manager of Sina.

Chen also claimed that Sina's Wireless Application Protocol Department produced the advertisement, but he did't have any information about it. Xingchao Online does not have a registered phone number.

According to China's Civil Law, any profitable use of a person's image, without permission, is illegal. If the advertisers use the name and image of others, they have to obtain written consent from them, states the Advertising Law.

(Global Times June 26, 2009)