Frequent appearances to imitate the appearance of harmonic arts can constitute infringement?

"Lu Ha", "Yi Xi dry washing", "Huang Zicheng" ... These names similar to popular stars have recently appeared frequently on hot search. On a short video platform, a cottage star group ESO who imitates the Korean idol men's group ESO has quickly become popular. Its members include, but not limited to Luha, Huang Zicheng, Quan Kuyong, Wang Junka, Wang Erbo, Lin Jun Waiting for others, they all imitated as popular artists such as Luhan, Huang Zitao, Lin Junjie and other popular artists from the combination name, member name, styling makeup, etc.

The ESO combination also caused a lot of controversy while attracting the attention of the public. Some netizens think that they are funny and fun, and many people say that this is porcelain and publicity. Only with "imitation" and "looks like", they can be realized in a short time, which is really unfair. Others believe that this violates the personal rights and interests of imitating stars.

In fact, it is not uncommon to imitate the stars because of similar appearances and voices, and even specially imitate variety shows. So is there a limit to the imitation of celebrity artists? Is it possible to constitute infringement? How can the imitation chaos behind a wave of fiery be renovated?

01

Imitate the artist quickly to become popular

Accumulate popular drainage and realize

"I decided to withdraw from ESO (EMO) indefinitely, and I also hope that when you don't have me, you are getting better and better." Recently, a short video platform, who was originally named Luha, after changing the name "Ling Dalle" after changing his real name "Ling Dile" " Release the video and ESO "cutting" again.

In July of this year, from the appearance to the nickname, he imitated the star Luhan's deer, and announced the strong return of Huang Zicheng who imitated Huang Zitao, Wang Erbo, who imitated Wang Yibo, returned in the name of ESO, released albums and singles, and carried out multiple offline offline offline offline. Activity. In the way of imitating well -known artists in cottage, Luha and others have been attracted countless pink drainage in a short time in a short period of time. Not only that, they also began to monetize the form of variety shows, live interaction, and advertising promotion in the form of ESO combination. In just over a month, Luha's short video platform account fans have increased from the initial tens of thousands to more than 600,000.

During this period, other members of the Luha and ESO groups appeared on the hot search many times, which continued to cause controversy. On August 15th, members of the ESO group changed their names collectively. Luha re -changed its real name and said that the star name of the star is Lu Ha, because he does not want to live this kind of work in his life, just to catch up with the short video trend, which has attracted attention. Essence ESO posted a video on August 21st that after this incident, EMO (network term, described in some reasons caused depression), the combination was renamed EMO.

However, even if they changed their names, the cottage star video they previously released did not delete, and they were still topped, with a large number of likes and comments. After the member Huang Zicheng renamed Zhang Zicheng, it didn't take long to change back to Huang Zicheng. After many ESO members renamed their names, they would still write the "cottage name" in the parentheses. Two Bo).

Lu Ha once said that he never felt that he was an Internet celebrity. Today, after the debut of the integration, the reception of the business, the dispute has been renamed after the dispute, the group renamed EMO to re -debut, and then the retirement group "solo". As Luha announced the withdrawal from ESO's video, it was said that it was really "playing a star performer in one month."

"When I first saw Luha, I just felt that it was a simple video imitator. Until the imitation behavior became more and more intense, they wrote all the thoughts that they wanted to get red. And with the improvement of their popularity, Lu Lu Harbin, ESO and other entries have begun to be associated with Luhan. They have also begun to linked to stars such as Luhan and other stars such as Luhan Luhan. " Harbin and others constantly pat their love incidents and withdrawn from the group. These incidents themselves are repeatedly discredited Luhan himself, and fans' multiple complaints and reports are useless.

From the perspective of this fan, whether it is a member of the member, whether the group is renamed, or the latest Luha retirement group is scolded by other group members, these cottage people attract fans.

Seeing the flow dividend is not only ESO. In the short term, a group of "idol combinations" that imitated celebrities appeared in the short term have emerged, such as Fan Steam, Pan Weipo, Ayue's EMO men's group, Huachen ash, Cai Zekun, Wang Yuanyuan and other people. TS sky group.

Beijing lawyers said that ESO's "debut" has its objective soil. This cottage combination meets the psychology of some people hunting, ugly, eliminating the mystery of celebrities, and finding fun. And in the media era, using short videos can achieve the effect of quickly spreading accumulation, which can quickly monetize traffic. In addition, cottage stars can use the topic of imitating stars to perform so -called "secondary creation" or spoof. You can maintain the topic without originality. The degree is indeed "good business". Because of this, the cottage star groups such as EMO and TS follow the trend, trying to become popular in this "alternative" way.

Li Danlin, a professor at the School of Industry Management and Vice President of the Beijing Culture and Entertainment Law Society of Communication University of China, said that the name of the ESO group is too similar to the name of the ESO group. The name, which causes high attention in a short period of time. This is a typical behavior that obtains influence and commercial interests through the way to take a car. 02

Entertainment behavior grasping

Excessive imitation suspected infringement

In addition to the cottage idol group such as ESO and TSBOYS, there are also a large number of imitators of celebrity artists parasitic in the Internet wave. For example, an account nicknamed "JV Horse" on a short video platform. Because it looks like Jack Ma, it has shot a number of "Domineering Daily" theme videos. At present, there are more than 1,400 million fans. 3000000.

The nickname "Yong Chou" is the imitator of the singer Jay Chou. On a short video platform, the number of fans has 1.785 million. In the video he posted, he not only attended commercial performances as Jay Chou's imitator, but also with other stars with other stars. The imitator shot the video and participated in the movie. Some fans joked in the comments that "busy Jaylen" in the comments.

In addition, there are a group of "Xiao Fan Bingbing", "Xiao Zhao Liying", and "Xiao Lin Xinru". Because of its appearance similar to the stars, it quickly sucks powder and earns rewards in a short time, and quickly lost its popularity after renamed the name.

It has a long history of imitating stars as entertainment. From the perspective of public information, there were variety shows invited various folk masters to imitate singing star songs as early as the 1990s. In recent years, Satellite TV has launched a special star imitation show.

Experts point out that although my country's law does not explicitly stipulate imitation stars, there are many legal risks in the behavior of imitating stars.

Lawyers said this behavior may be suspected of infringing the right to portrait of others. If the amateur and the stars themselves do not look like they are, but for the purpose of profit, they fake the stars through various technical means to make others confuse or associate, and they may be suspected of infringing the right to the stars. If the amateur is very similar to the star himself, he does not actively impersonate the star but does not indicate his imitator identity in the imitation performance. If this behavior causes the public to confuse it, it may still be suspected of infringing the portrait of the stars. It is important to note that according to the relevant provisions of the Civil Code of my country, the protection of natural person's voice refers to the relevant provisions of the protection of portrait rights. In other words, even if only the sound of the stars is imitated, it may be suspected of infringement.

"If an amateur will perform celebrity works without permission in activities such as broadcasting, showing programs, and receiving business performances, it may be suspected of infringing on the copyright of the stars." Lawyers said that some amateur said that when imitating stars, some amateur Getting attention to the big "wiping ball" or doing some strange performances degraded the star image, may be suspected of infringing the reputation of celebrities.

Lawyers have proposed that in addition, it may constitute unfair competition. According to the provisions of anti -unfair competition law, operators shall not use other people's names (including abbreviations, font samples, etc.), name (including abbreviation, etc.), name (including pseudonym, art name, translation, etc.), which have a certain impact on others. It is mistaken for other people's products or specific connections with others. The behavior of cottage stars may constitute a "business sign confusion", thereby violating anti -unfair competition laws. If the star himself, that is, the original performer believes that the amateur imitating his live broadcast and the program caused economic losses, and he can claim compensation for losses.

According to reports, some TV imitation shows have launched a large number of star imitators. These cottage stars often obtain benefits through commercial performances and advertising, and their capital capital is the influence of the star itself. If you just look like and imitate the performance, it will not constitute a fraud and infringement, but if the merchant and the cottage stars are deliberately concealed or misleading consumers with ambiguous words during the performance Photos are profitable.

03

Prevent imitation of chaos flooding

The platform needs to take responsibility

It is worth noting that cases of disputes caused by imitating stars "cross -border" are not uncommon. In 2015, due to the "grass -roots singer" Ding Yong used his name and photo to conduct profitability on Weibo, singer Wang Feng complained to the court on the grounds of infringement of the right to name and portrait. Infringement damage compensation compensation is 450,000 yuan, and mental damage is 50,000 yuan. In the end, the court constituted the violation of the portrait of the portrait and name of Wang Feng with Ding Yong.

Imitation stars have even become the "business scriptures" for some people. According to reports, several acting industry practitioners founded the "China Cottage Star Art Troupe" in 2006 to specialize in activities such as business performances, concerts, brand endorsements and TV columns. The team is preferably more than 600 cottage star actors. The head of the group said in an interview that the front -line stars need to spend millions of dollars only when attending business performances, but the performance fee of the cottage star is only 50,000 yuan. Essence "Cottage stars are also a kind of product, but just a special cultural product. It is a special cultural product that is carefully created to serve the market according to the needs of the market."

Li Danlin believes that imitation is not original after all. If these imitators cannot surpass the stars and form their own unique style, then the old fans will naturally lose interest. Without the market, these imitators want to make a profit on the stars, and there is no such market opportunity. The lawyer's opinion, just as the cottage products should be renovated, although the cottage star has the soil of its survival, it does not have the rationality that encourages its existence. On the one hand, some cottage stars have the parasitic characteristics of unreasonableness, leaving the star's own influence and star effects, and do not have real performance ability at all. On the other hand, this spoof imitation is also very disrespectful to the celebrity, and it is even easy to violate the legitimate rights and interests of the stars. If this imitation chaos is flooding, it will also disturb culture and economy and ecology, and encourage the crooked and evil spirit of "no effort, can be double -collection".

The lawyer believes that the necessary restrictions and rectification of this atmosphere must also be able to pick up legal weapons and maintain their positive image. At the same time, online platforms should also be cautious to avoid legal responsibility for uploading infringement content or not taking necessary measures in time.

Article Source: Rule of Law Daily

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

- END -