Second creation of ice Dun dun, do not let love infringement

2022-05-02 0 By

Ren was sentenced to one year in prison and fined 40,000 yuan, becoming the first criminal case of infringing the copyright of the mascot image of the Beijing Winter Olympic Games.The Beijing Winter Olympic Games are in full blast, with the mascots Bing Dwen dwen and Xue Rong Rong all over the Internet.”A pier difficult to get”, many people seem to see a “business opportunity”.Some high price resell ice Dun dun, some simply produce and sell pirated goods, and sell homemade ice Dun dun, snow rong rong image of key chain pendants, badges and other peripheral products, some coffee shops also sell ice Dun dun image latte coffee.These all belong to the illegal behavior, serious may even constitute the crime of infringing copyright.Want to take winter Olympics business opportunity, must obtain formal authorization, this is basic business common sense.Those who try the law by example have weak consciousness of the rule of law and deserve it.On the short video platform, there are dessert vendors showing ice block block cake.It is worth mentioning that, because of the passion and love of the Beijing Winter Olympics, the common people also caused the enthusiasm of the “national two system of ice pier pier”.Use orange to carve a “Bing Dwen Dwen” posted on the Internet, or use the image of Bing Dwen dwen to weave a sweater, make a cake, build a snowman posted on the Internet, the most common is bing Dwen Dwen as the prototype of homemade expression package, some with words on the side, some on the original basis to add other animation…These may not have a direct commercial purpose, and do not involve fees, but if the act without the permission of the organizing committee, through the network dissemination of relevant works, may also be suspected of infringement.Many people may find it hard to understand. Is there anything wrong with the enthusiasm for the Beijing Winter Olympics?Can’t have a physical ice dwen dwen, can’t even use emojis?There is a real conflict between love and law.Bing Dwen Dwen and Xue Rong Rong belong to the Olympic symbols, and the related peripheral products designed with their images are not only the material carriers of the intellectual property rights of the Winter Olympic Games, but also the “Olympic-related assets” of the International Olympic Committee.Bocog shall not only protect licensed products in accordance with the Copyright Law, but also in accordance with the Regulations on the Protection of Olympic Symbols and the Olympic Host City Contract signed with the IOC.The protection of the Olympic logo and related products is both a right and an obligation for the Winter Olympic Committee.According to the Copyright Law, individuals may use a published work of others for study, research or appreciation without obtaining permission or paying remuneration to the copyright owner.However, without the permission of the copyright owner, the dissemination of his works to the public through the information network will infringe others’ right of information network dissemination, and the right of information network dissemination is an important part of the property right in the copyright.Whether it is homemade Bing Dwen dwen memes or making bing Dwen dwen cakes, as long as they are posted online for dissemination, they are not fair use for personal appreciation.In view of the mass homemade Bingdundun emoticon network transmission behavior, the right holder will not necessarily Sue, law enforcement departments will not necessarily investigate, but in any case, we should not hold the “law does not blame the public” fluke psychology.Especially in the case of without permission, some large V, web celebrity spread on the Internet contain ice mound mound, snow melts elements of secondary works, as well as some platform organization “ice mound mound DIY competition” “sun out of my ice mound mound” and other popular activity, though not to use these objects in real commercial activities, but to use them to attract attention, create a flow,To increase attention and the number of fans, there are also disguised or indirect acquisition of commercial interests, thus constituting infringement.The exclusive rights of the right holders of the Olympic logo need to be protected, and the public’s enthusiasm for the Winter Olympics also needs to be protected. How to better balance the interests of all parties is a valuable public issue.The Olympic Winter Games organizing Committee and the intellectual property authorities may be able to give some specific guidelines to make the boundary between legal and infringement clearer, so as to satisfy the public’s entertainment needs without breaking the law.This is not only conducive to the protection of Olympic intellectual property rights, but also vivid and beneficial publicity of the law.(Litchi)