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Does the expression pack infringe or not? Does doutu need to bear the legal risk? Experts say it all at once

via:驱动之家     time:2021/2/17 18:57:48     readed:158

Moreover, when there is no chat topic, two people fighting is also a good way of entertainment.

So when using these expression packs to chat, will they infringe on the portrait rights of others? Do they bear legal risks?

表情包到底侵不侵权

Yang Lixin, Professor of Law School of Renmin University of China and vice president of Civil Law Research Association of China law society, explained:Making a facial expression bag with a star's portrait is, of course, an infringement on the portrait right of others,If people don't investigate, of course, there is no problem.

However, if people do not agree to investigate, it is a complete violation of the right to portrait. In particular, the sale of these facial expression bags for profit is an infringement of the right of portrait.

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It is noteworthy that the civil code of the people's Republic of China also makes a detailed explanation on the infringement of the right of portrait: no organization or individual may infringe their right of portrait by defacing, damaging or using information technology.

In addition, for the protection of personal voice, there is also the risk of infringement. Yang Lixin explained:The voice as like as two peas in the voice of natural person, the two person can not have the same tone.

At the same time, the voice of natural person also has economic value. Some personal characteristics will produce economic benefits when applied to the market economy.

According to the civil code, the right of voice belongs to an independent new personality right. If some talented people imitate other people's singing voice to perform and be funny, there is no problem.But if the imitation of other people's voice is applied in the business field, it is a serious infringement.

表情包到底侵不侵权

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