Stickers Suspected to Commit Infringements

Phenomenally Hot Su Daqiang Stickers Suspected to Commit Infringements

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Stickers

Su Daqiang, the main role played in the recent TV series All is Well has become a widely popular sticker for his annoying performance in the story plot.

Su Daqiang, the pesky and annoying character in the TV series All is Well has become a topical character on China’s social media who was also the origin of a number of related stickers. Some canny merchants took advantage of the heat and designed a bunch of stickers in different versions, such as real estate version, coffee shop version, car version and nursing home version etc. Su Daqiang Has Set a Trend in Stickers.However the stickers are limited in certain areas, otherwise they might commit infringements.

Nowadays, Maliao Xiaohuang, a famous anime blogger, released a number of Su Daqiang stickers with his well-known lines in the series, which were commonly accepted and re-posted on the Internet.

Following the heated trend, some canny merchants designed and released several Su Daqiang stickers in different versions.

Although the original designer Maliao Xiaohuang released stickers of other characters in the series including Su Mingzhe, Su Mingcheng and Su Mingyu, the most popular and re-posted one is those of Su Daqiang.

It’s known by Modern Express that Yilong.com was once judged infringing for its using the sticker of Lying Ge You (Ge You, a famous actor in China, Lying Ge You is a famous scenes his comedy) on Weibo. After the trial, Yilong.com was required to apologize publicly and compensate 75,000 Yuan to Ge You for his financial costs and reason expenditures in rights protection.

Likewise, Wang Sicong, of which the photo eating a hot-dog at the scene where the IG Gaming Club won the champion faced the same circumstance. While he applied for a copyright for his cartooned image of eating a hot-dog. Any sticker of using his image will be judged as infringements.

In face of the controversy of the Su Daqiang stickers, Maliao Xiaohuang replies that these stickers are defined as fans artworks for the TV series while she never wants to use these for commercial purposes, in thus she will never consider its copyright as a problem.

Lawyer: Whether this issue  constitute infringements?There are two facts to judge this: purpose and copyright

Zhang Jun, lawyer from Jiangsu Zhongshan Mingjing Law Firm explained that it can’t be judged as infringements for using the image of Ni Dahong, who played the role of Su Daqiang, for stickers and to share with friends without any insulting contents. While it is suspected to commit portraiture right infringements for commercial purposes and making profits.

Lyu Xin, lawyer from Jiangsu Loushen Law Firm stated that it would also be suspected as authorship copyright infringements when someone violates the original purposes by the author. Even the TV series producers or screenwriters can prosecute the infringing ones for their legal IP protections even the original author of the stickers doesn’t consider her copyright.

 

 

April 27, 2019

Source: Modern Express

Photo from China IP