Recently, the TV series "All Very Good" has set off a boom in ratings. In the play, the role of the old man Su Daqiang, played by the old opera bone Ni Dahong, has been evaluated by netizens as a representative of "making heaven and earth" because of his distinctive personality, and has frequently appeared on Weibo hot search lists. Recently, Su Daqiang's emoticons have become popular on the Internet again. Can such emoticons really be used casually?
Recently, the well-known blogger "Mario Xiaohuang" released the same emoji package of Su Daqiang on his social media. Netizens tweeted the big eye bags, yellow vests, classic lines, and emoticons. Su Daqiang’s emoticon pack is on fire, and savvy merchants see business opportunities from it, and follow the trend to launch various versions, implanting a wide range of products, such as insurance, wall breakers, air conditioners, cosmetics, smart speakers... In short, this Su Daqiang emoticon is Hidden by everyone! Zhou Pan, a lawyer at Jiangsu Sanfa Law Firm, said: “Netizens may use it for entertainment and in daily life. It does not involve commercial use and does not involve infringement. However, some businesses use it for profit. For the purpose of promoting its products, it involves infringement issues." According to lawyer
, behind this group of Su Daqiang emoticons, it involves the portrait rights of actor Ni Dahong, the copyright of comic author "Mario Xiaohuang", and the production of TV dramas. The intellectual property rights of the filmmaker or screenwriter. Any use of the emoji package for commercial purposes will be regarded as infringement.
also has photos of Wang Sicong eating hot dogs at the IG championship scene before. Not long ago, Wang Sicong applied for a patent for his cartoon image of eating hot dogs. "After the general public sees this cartoon image, it corresponds to the real person image one by one. For example, when they see the cartoon image of Wang Sicong eating a hot dog, they will immediately think that this is Wang Sicong. After forming a one-to-one correspondence, they use this without permission. Like emoticons, that is a violation of portrait rights.” Zhou Pan explained.
In 2016, a travel website was sued by the actor Ge You for infringement of portrait rights for using "Ge You Lie" emoji pictures on social platforms. The court judged that the travel website compensated Ge You for economic losses and reasonable expenditures for rights protection totaling 75,000 yuan. At present, Su Daqiang's emoticon pack author "Mario Xiaohuang" is speaking without considering the copyright issue of this emoticon pack. However, according to legal analysis, even if the comic author does not consider copyright, when the emoji is abused, the actor Ni Dahong himself, the TV drama producer or screenwriter can also claim the infringement rights of the merchant.
(Source: News Center of Jiangsu Radio and Television Media/Fan Jieping Editor/Zhao Enjie)
