When it comes to emoticons, many people’s gallery are indispensable for “mushroom heads”. Recently, the emoticon "giants" that have sent over 10 billion times this month have attracted widespread public attention because they have embarked on the road to protecting their rights.

mention emoticon packages,

Many people’s gallery are indispensable in

“mushroom head”.

Recently,

sent this month

has over 10 billion times emoticon package "giant",

is attracting widespread public attention because it has started the road to protect rights.

According to reports,

Several companies have successively received

"Mushroom Head Series" emoticon package authorized agency

San Dimension Company's lawyer letter,

claimed that the company was sued for using

unauthorized in its tweet. ml0's "Mushroom Head Series" image,

infringes on the copyright enjoyed by Guangzhou Mosquito Animation Company

and San Diyuan Company

for the art works "Mushroom Head Series"

and derivative images, etc.

shall bear the liability for infringement compensation. Is the

emoticon package protected by the Copyright Law ?

"Mushroom Head Series" emoji package can still be used casually?

What legal issues should be paid attention to when using emoticons?

Let’s take a look at the professional interpretation of “Rule of Law Daily ” member of the lawyer expert database and the head partner of the competition legal affairs department of Beijing Kyoto Law Firm Faye Wong ! Are the emoticon packages protected by copyright law?

The object protected by copyright law is works, that is, intellectual achievements that are original in the fields of literature, art and science and can be expressed in a certain form. 's original emoticon package belongs to works and should be protected by copyright law. In recent years, cases involving infringement of emoticons have been increasing. Unauthorized use of online emoticons works may involve infringing on copyright owners’ right to sign, copy, information network dissemination rights, modification rights, adaptation rights, etc.

"Mushroom Head Series" emoticon package

can still be used casually?

At present, the "Mushroom Head Series" emoji package mainly has two ways to use it for paid use and free use. Regarding the paid emoji package, if a netizen pays the usage fee on the platform and the platform's rights are flawless, it means that he has obtained the permission of the copyright owner and has the right to download and use it. Regarding the free emoticon package, netizens should use it within the scope of free use permitted by the copyright owner in accordance with the method agreed in the license. Once exceeds the scope of the license, for example, the emoticons obtained on Platform A are used on Platform B, or the free emoticons obtained in personal chat environment are used in official account articles or corporate publicity, it may constitute infringement.

What legal issues should be paid attention to when using emoticon package

?

In daily life, netizens should pay attention to the following issues when using emoticons:

1. Beware of the risk of infringement of emoticons used across operating platforms. Many platforms have the copyright of some emoticon packages and will provide users with free use. This use is based on authorization in the user agreement. Users should strictly follow the agreement when using it. Cross-platform use often exceeds the scope of authorization.

2. Regarding real emoticon packages, using real emoticon packages at will will face the risk of infringing on the legitimate rights and interests of others and violating the provisions of the law. For example, if the text, effects, etc. in the emoticons constitute insults and slander, in addition to infringement of portrait rights, it will also infringe on the reputation rights of others.

3. When using emoticons, you must ensure the integrity of the work and do not modify emoticons at will. Whether it is modifying the emoticon package or secondary creation on the emoticon package, you need to obtain the permission of the copyright owner.

4. Correctly understand the scope of reasonable use stipulated in Copyright Law. If it exceeds the scope of reasonable use, it requires obtaining the permission of the copyright owner and paying the corresponding fees.

Source｜Legal Daily