Do an ice dun dun nail, cut an ice dun dun hair, is infringement?
When the Winter Olympics, ice pier pier fire out of the circle, quickly become the “top flow”, “a pier hard to find”.As the mascot of the 2022 Beijing Winter Olympic Games, Bing Dwen Dwen is an Olympic symbol. Licensed products of the Winter Olympic Games are protected by the Regulations on the Protection of Olympic Symbols and the Contract for the Host City of the Olympic Games. Meanwhile, as works of art, Bing Dwen Dwen is also protected by the Copyright Law.Can Ice Blocks be designed as nail art?Can I rent it out to others?Can it be adapted into comic images or emojis?Can a child’s copy be entered in the unit competition?Can I have an ice cream haircut?In the days of waiting for the realization of “ice dun dun dun”, do these acts constitute infringement?The judge in Beijing’s Fangshan Court gave a detailed explanation.Question 1: Is it ok to design the image of Bing Dwen Dwen as nail design for customers?Bing Dun dun gathered the creative wisdom of the creator, with artistic beauty, should belong to the work of art, protected by the copyright law.According to the copyright law, the copyright owner (Beijing Winter Olympics Organizing Committee) has the right of reproduction. Without the permission of the copyright owner, the image of Bing Dwen Dwen cannot be made into one or more copies by means of photocopying or rubbing.Although nail art pattern is only a planar image of ice blocks, it is still a copy of three-dimensional ice blocks, such as modeling, design, layout and structure.Therefore, without the permission of the right owner, the use of Bing Dwen dwen image design nail nail pattern, customized logo and so on are infringement of the copyright of the right owner, and belong to infringement.Question2: Is it illegal to rent bing Dwen Dwen to your friends for fun?Although the copyright law clearly stipulates that copyright owners have the right to distribute and lease their works, Bing Dandong has been sold in the market and the right of distribution has been exercised.At the same time, Bing Dwen Dwen, as an art work, does not fall under the protection of the right to rent according to the copyright law, and the behavior of renting Bing Dwen Dwen is not prohibited by law.Therefore, as the legal holder of ice Dandan, under the condition of not disturbing the market order, ice Dandan can be freely sold and rented in various forms.Therefore, the act of renting bing Dwen Dwen does not constitute infringement.Question 3: Will bing Dwen Dwen be adapted into cartoon image, expression pack, infringement?The act of using Bing Dwen Dwen’s image and design elements to create cartoons and emojis and publishing and using the cartoons and emojis is in violation of the copyright Law.Although the creator made a lot of changes and only used part of The elements of Bing Dwen dwen, the creation was based on the re-creation of the original image, elements and connotation of Bing Dwen dwen, which infringed the copyright owner’s right of adaptation.At the same time, if used in the process of comics creation with funny, interesting, parody, the expression of artistic conception is different from the original work, results in the decrease of the public opinion of the original works, then the comics, expressions such as re-creation has distort and tamper with the original works, also violated the integrity of the copyright owner of the ice mound mound rights, constitute infringement,It shall bear civil liabilities such as cessation of the infringement, elimination of its effects, apology and compensation for losses.Question 4: Is it allowed to use the image of Bing Dwen Dwen in the advertising video made by the company?Copyright law, the copyright owner shall enjoy the right of the radio work, information network transmission right and rights, namely the transmission to the public by wire or wireless means, or make the public can be gained in individual selected time and place of work and to film or by virtue of the analogous method of film will work on the carrier’s rights.Making videos with the image of Bing Dandong and making advertisements not only infringes the filming rights of the copyright owner, but also puts advertising videos with the image of Bing Dandong on TV and network platforms for publicity, which may also infringe the broadcasting rights and information network communication rights of the copyright owner.In addition, In December 2020, Bingdindun has completed trademark registration, so using the image and logo of Bingdindun for profit advertising also infringes Bingdindun’s trademark right.Question 5: After the child copied the image of Bing Dwen Dwen, the work participated in the unit painting competition, is it infringement?Article 24 of the Copyright Law provides for the use of a published work by others for personal study, research or enjoyment;Where a work of art is used by means of copying, drawing, photography or video recording of an artistic work installed or displayed in an outdoor public place, it may be used without permission and without payment of remuneration to the copyright owner, provided that the name of the author and the title of the work are indicated and other rights enjoyed by the copyright owner are not infringed upon.Children’s copying and painting of Bing Dandong in art class is a copying of art works in outdoor public places. Re-use in a reasonable way and within a limited scope does not constitute infringement.Use in painting competitions within the scope of the unit will not affect the value and potential market of the original work, and will not affect the normal use of the right holder.Therefore, the imitation and painting of the images of Bingdandan in the outdoor square and park and the participation in the competition within the limited scope of the unit will not affect the value and market position of Bingdandan and does not constitute infringement.Question 6: Make an appointment with the hairdresser to give yourself an ice dapper hairdo, ok?Using a published work of others for personal study, research or appreciation, for personal use within a limited scope, is a fair use of the work and does not require permission from the right holder.However, if it is used for commercial purposes or for personal use beyond the reasonable limit, and is used in public places, it is beyond the reasonable scope of use and constitutes a violation of the rights of the copyright owner.For the purpose of commercial profit, the barber copied the image of Bing Dwen dwen, and carved the image of Bing Dwen dwen on the head of people will inevitably appear in public, beyond the use of family and specific scope.Therefore, the barber’s behavior of “Bing Dwen dwen hairstyle” constitutes infringement of the rights of the copyright owner of Bing Dwen dwen.Ice Dun dun is not only a work of art, trademark, but also as the mascot of the Beijing Winter Olympic Games. In addition to the protection of copyright law and trademark law, it is also protected by the Regulations on the Protection of Olympic Symbols, regulations on the Management of Special Marks and other special laws.Therefore, without the permission of boCOG, no entity or individual is allowed to use the image and name of Bingdendun, disseminate and sell bingdendun derivatives, or create or use the image as a part of the pattern for a second time.However, weaving or carving the image of Bing Dwen dwen in one’s personal belongings for one’s own use and appreciation is fair use and does not constitute infringement.Like to have boundaries, rational use of ice pier pier will not be illegal.