Are non-real people’s Internet emoticons infringing?
Non-real people’s Internet emoticons are general There is no infringement. Making and using the celebrity's portrait without the consent of the celebrity does constitute portrait infringement. It is normal to be the defendant. In fact, not only celebrities, but other natural persons also enjoy portrait rights, but the probability of celebrities' portrait rights being infringed is much higher.
The so-called portrait right, legally speaking, refers to a kind of personality right enjoyed by natural persons, whose content is the personal interests embodied in their own portrait right, including Citizens have the right to own their own portraits and have the exclusive right to produce and use their portraits. Citizens also have the right to prohibit others from illegally using their portrait rights or damaging or tarnishing their portrait rights.
From this perspective, the use of "Ge-Youlie" photos to create related emoticons should be authorized by the parties involved. Although the emoticon package is just a joke, the image of Ge You was stolen, so it is reasonable for Ge You to file a claim, especially as a corporate entity, the use of the "Ge You Lying" emoticon package is to some extent to promote its own products. Products, this involves the commercial field. Using other people's portraits for commercial promotion without my permission, let alone Ge You, who has extremely high commercial value, constitutes an obvious infringement.
What most netizens are concerned about is if I just use emoticons to fight on WeChat Dou Tu does not involve any commercial use. Is there any trouble?
Regardless of whether it is for profit or not, publishing, displaying and copying the portraits of others that have been made are All behaviors belong to this type of infringement, but most of the current complaints are about commercial companies’ public accounts or official websites using celebrity emoticons for commercial promotion. This has a certain relationship with the flaws in China’s current legislation, and is also related to the difficulty in obtaining evidence. More This is the result of considering the risk of litigation to a certain extent, but it does not mean that the use of celebrity portraits for non-profit purposes does not constitute infringement.
The fact that abusing emoticons may lead to lawsuits is a vivid reflection of the improvement of people's legal awareness in a society governed by the rule of law, as well as the lack of legal awareness. It also tells us that even in the online society, we must "do not use Don’t do evil things even if they are small, and don’t do good things even if they are small.”
Based on the relevant answers to the above content, it can be concluded that if the non-real person online emoticons are used Packages generally do not involve infringement, because the Internet emoticon package used is not for commercial use and is only for personal use. However, if you use a real-life Internet emoticon package, it is easy to infringe. If you have relevant legal consultation, you can call Legal Savior Network online lawyer answers.
