In the past two years, many companies have reported that they have received letters from lawyers from Sandiyuan Company, the authorized agency for the "Mushroom Head Series" emoticon package, saying that they used the image of the "Mushroom Head Series" without authorization in their tweets, infringing upon Guangzhou Mosquito Animation. The company (referred to as Mosquito Animation Company) and Sandimension Company shall be liable for infringement compensation for the copyrights enjoyed by the "Mushroom Head Series" art works and derivative images.
Because of its rights protection, the "Mushroom Head Series" emoticon giant, whose monthly sales exceeded 10 billion, was once caught in a public controversy. Some companies believe that the "Mushroom Head Series" emoticon packs are malicious rights protection; some netizens believe that commercial payment for emoticon packs is normal and can improve the public's awareness of intellectual property protection.
html On January 19, Wu Wuze, the founder of the Mushroom Head emoticon series and Guangzhou Mosquito Animation Company, said that the company was not aware of the previous rights protection lawsuit and did not receive a penny. It has now announced that it has terminated its cooperation with the agency San Diyuan. . Relevant parties who have received rights protection warning letters, lawyer letters, and prosecution materials from Sandiyuan Company and its entrusted law firms can directly contact Mosquito Animation Company to discuss obtaining legal authorization. Mosquito Animation Company has also listed several categories of usage regulations. For all personal self-media non-commercial uses, please directly note the source of the image, and it can be used free of charge.Subsequently, 3D Company responded through a law firm, stating that the copyright holder’s statement was released online, but 3D Company denied it.
▲With authorization, the media can use the mushroom head series of emoticon packs. Pictures provided by interviewees
"Mushroom Head" emoticon pack rights protection
founder said he did not receive a penny
According to Red Star News' previous report (monthly shipment volume exceeds 10 billion) The emoticon giant of "Mushroom Head Series" decided to sue to defend its rights. Founder: It was a helpless move.) A company in Nanjing was sued and told reporters that the company used seven mushroom head emoticons in its WeChat tweets, all of which were downloaded from the Baidu website. The articles were all Popular science articles are all for learning and sharing purposes and have no profit-making purpose. After receiving a lawyer's letter from Sanjiyuan, the licensing agency for the "Mushroom Head Series" emoticon package, the article was deleted immediately. In the letter, Sandiyuan Company requested compensation of 49,479 yuan for economic losses and 3,260 yuan for reasonable rights protection expenses, totaling 52,739 yuan.
In multiple infringement cases, Sandiyuan Company’s claim is that the actions of the accused company violated copyright laws and other relevant regulations, and infringed Mosquito Animation Company’s copyright in the “Mushroom Head Series” art works and subsequent derivative images. , as well as the legal rights enjoyed by Sandimensional Company to the "Mushroom Head Series" art works, and illegal gains obtained from them, which caused significant economic losses to Sandimensional Company and should bear liability for infringement compensation.
Wu Wuze said that in early 2018, he was introduced to Yu from Sandiyuan Company. Yu said that a beverage brand in Northeast China commercialized the "mushroom head" emoticon package on a large scale without obtaining brand authorization, and he could help safeguard its rights. The judgment document shows that on May 30, 2018, Mosquito Animation Company authorized the Mushroom Head series of images and subsequent derivative images to Shenzhen Sanyuan Intellectual Property Management Co., Ltd., with the authorization period from June 1, 2018 to May 2023. 30th. Shenzhen SanCiYuan Company was later renamed Guangzhou SanCiYuan Intellectual Property Management Co., Ltd., and in December 2020, it was renamed Qingdao SanCiYuan Intellectual Property Operation Management Co., Ltd. (collectively referred to as SanCiYuan Company). After
signed the "Mushroom Head Emoticon Pack IP Rights Protection Cooperation Agreement", 3D Company officially became the rights protection agency for the "Mushroom Head Series" image. In 2022, Wu Wuze discovered that 3D Company had sued more than 400 companies, and as the "compensated party", Mosquito Animation Company has not yet received the amount of compensation from the lawsuit. In a previous interview with Red Star News, Wu Wuze also said that the income from rights protection is not that important to him. He did not participate in the rights protection activities of the agency company Three Dimension Company and did not receive a penny. “I also received many Asked for phone number, but did not know the specific status of the lawsuit."
emoticon package company announced to cancel the authorized agent
clear usage specifications: non-commercial use can be bold
It is understood that after the agency authorization contract between the two parties ends on May 30, 2023, the agency authorization will be automatically renewed for five years, which is currently in effect. .
On December 22, 2023, Mosquito Animation Company officially announced the termination letter on Weibo and other official social platforms, and published a statement to cancel the authorized agent, explaining the whole story of the rights protection incident, and reminding the rights defenders. The statement stated that Sandiyuan Company has not With the company's consent, the company expanded the scope of authorization without authorization, failed to notify the infringers of information as agreed, and carried out a large number of rights protection without authorization, which seriously affected the goodwill of the company and the "Mushroom Head Emoticon Pack" series of works. It was decided to terminate the agreement starting from December 22, 2023. All authorized cooperation with 3D Company.
▲ Mosquito Animation Company issued a statement
For relevant parties who have received rights protection warning letters, lawyer letters, and prosecution materials from 3D Company and its entrusted law firms, the statement stated that they can contact Mosquito Animation Company directly. , in order to discuss legal authorization matters. Mosquito Animation Company has also listed several types of usage regulations: reasonable use by party and government agencies, public institutions, etc. for official purposes does not require written authorization from the company; all personal self-media non-commercial uses, please Directly note the source of the image and it can be used free of charge; enterprises, units, and organizations that require large-scale commercial use can contact the company to obtain paid permission.
▲ Mosquito Animation Company issued a statement on the rights protection of the "Mushroom Head Emoticon Pack" series of works
Subsequently, the agent The client, Sanjiyuan, responded through the law firm: Sanjiyuan Company denied the copyright holder’s termination statement posted online. It is still within the authorization period and the authorization contract between the two parties clearly stipulated that it cannot be terminated unilaterally. Sanjiyuan Company’s rights protection behavior did not constitute unauthorized rights protection. It is said that during the authorization period of both parties, there is no situation that the copyright owner can terminate in accordance with the law, and the copyright owner reserves the right to pursue legal liability for breach of contract.
public information shows that 3D Company currently has 635 judicial cases, 98.11% of the cases is the plaintiff, and more than 70% of it is a "dispute over infringement of the right to disseminate work information online." An insider familiar with both companies previously told Red Star News in an interview that Mosquito Animation Company has mainly relied on the IP of the Mushroom Head series for many years, and invested Art costs are high, and profits mostly rely on IP licensing. Due to piracy and unauthorized abuse, the company's normal licensing behavior was affected, and the company was once in operating difficulties. "This is a sad story: when you find that everyone is using it for free, Will you be the first to spend money? Taking up legal weapons to protect rights is also a helpless move. I hope the public can raise their awareness of domestic intellectual property protection so that domestic IP can develop in a sound and sustainable manner. "
In an interview with Nanfang Daily, Wu Wuze also said that the "Mushroom Head Series" emoticon packs have experienced many difficult times and will never rely on "rights protection" to survive. The core of the existence of emoticon packs is to bring positive emotions to users Value, while malicious rights protection will be offensive. Once an emoticon is "disgusting" to users, it will lose its foundation for survival and business prospects. Relying on malicious rights protection to generate income is a small profit, and it is even more destructive. As long as it is non-commercial, netizens You can use it with confidence.
Experts say:
should build a good “free-to-charge” ecosystem
In the field of intellectual property, how should the original author and the authorized intellectual property company properly safeguard their common rights and interests? Henan Zejin Law Firm Director Fu Jian introduced that Mosquito Animation Company and Sandiyuan Company, as the copyright owner and entrusted agent, are qualified parties and have the right to safeguard their legitimate rights and interests through litigation, so the behavior is legal.
Beijing Intellectual Property Expert Database Expert Dong Xinrui told Red Star News that the non-profit use of emoticons is generally free of charge. If used in general social software, they are used for private chats, personal appreciation, etc., and are not for profit. It falls within the scope of fair use and generally does not constitute infringement. "However, when some social platforms or companies download emoticons for commercial use, there will be suspicions of marketing strategies, advertising, etc., and they should be stopped or rights protected reasonably."
Regarding the intellectual property dilemma faced by most emoji companies currently, Dong Xinrui said that emoji companies still face the old problems of rights protection in the field of intellectual property: difficulty in obtaining evidence, difficulty in safeguarding rights, and low compensation. "Rights protection is a business strategy, not There is right and wrong. The key is that the right holder can prove that the original IP innovator was himself. As long as the evidence is conclusive, it will not damage the right holder's reputation. "
Liu Xiaochun, executive director of the Internet Law Research Center of the University of Chinese Academy of Social Sciences, told Red Star News that in public perception, emoticons are a product of the free ecological model of the Internet. Many people think that if they are used to using free ones, they should not be charged. There is a certain amount of inertia and emotion in this, which is understandable, but there is also a hint of moral kidnapping. From the perspective of the Internet ecology, companies may consider their own reputation and audience feelings, and it is a business decision-making issue whether to choose to protect rights or not. "Many The copyright owner is willing to allow everyone to use it widely for free, but he also has the right to obtain corresponding benefits through authorization, which is his legal and legitimate rights and interests. "
At present, there are certain difficulties in the survival and operation of emoticon companies. Liu Xiaochun pointed out that the Internet business model should gradually build a good ecology of "free-charge". "Considering the consequences of infringement, large commercial customers generally will not Infringing use, but he spent money to buy the license and used it, and found that other people were also using it, which would dilute the exclusive or personalized use effect of his authorized use. Over time, some commercial customers were unwilling to continue to pay for use, which to a certain extent caused expressions The business difficulties of the packaging company. "
Liu Xiaochun suggested that when copyright owners face infringement incidents, there are often many and complex cases. Copyright owners can set corresponding authorization price standards in the authorization market. For example, the version listed on WeChat displays commercial pricing or free use. If the pricing is reasonable, It is open and transparent. Enterprises or commercial platforms can also automatically trade through the platform to obtain authorization for use, reducing transaction costs for both parties. Liu Xiaochun emphasized, “In this way, rights holders can also reduce the energy to defend their rights in each infringement incident. Through some trading markets, it is actually possible to achieve a healthy flow of copyright authorization, but this may still require the support of some platforms. "
Red Star News reporter Cai Xiaoyi
editor Zhang Li editor-in-chief Wei Kongming
