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某食品厂向社会公开征集特色广告用语,文字要求简洁易记,并能体现企业和产品特色,奖品分为一、二、三等。张某在报纸上看到征集活动启事后,拟出一条广告语,并在规定的期限寄至食品厂。一个月后,食品厂在报纸上公布了获奖名单,张某的广告语中了二等奖,将获价值1000元的奖品。该厂在公告中同时刊登一则声明,称“获奖作品版权归本厂所有”。张某在颁奖大会上获荣誉证书及奖品一份。数月后,张某发现该厂在许多场合使用了这条广告语,就要求协商确认著作权归自己所有,同时要求立即停止使用该广告语,并赔偿经济损失5万元。双方协商未果,张某要求向法院起诉。厂方辩称:广
A food factory to the public soliciting featured advertising language, the text requires concise and easy to remember, and can reflect the characteristics of enterprises and products, prizes are divided into one, two, three and so on. After Zhang saw the solicitation activity in the newspaper, he proposed to send an advertisement slogan and send it to the food factory within the stipulated period. A month later, the food factory in the newspaper announced the list of winners, Zhang’s advertising slogan in the second prize, will receive 1,000 yuan worth of prizes. The announcement of the plant at the same time published a statement, saying “award-winning works are owned by the factory ”. Zhang at the awards ceremony were honorary certificates and prizes. A few months later, Zhang found that the factory used the slogan on many occasions and required consultation to confirm that the copyright belongs to himself. At the same time, he requested that the slogan should be stopped immediately and the economic loss should be compensated 50,000 yuan. The two sides failed to negotiate, Zhang asked to sue the court. The factory argued: wide