If you ask who is the top of the Beijing Winter Olympics these days?
The mascot "Ice Pier" must have a name!
The "pier" was on fire
So here's the problem —
Is it infringing to achieve "freedom of the ice pier" by yourself?
The cartoon images of "ice piers" and "snow melting" obviously constitute works of art and are protected by copyright law. Its copyright holder (the Beijing Winter Olympic Games Organizing Committee) has the right to prohibit others from using the work without their permission, including the development, dissemination and sale of derivative works related to the performance of the work.
In addition, the copyrights of "ice piers" and "snow rongrong" are also restricted by Article 24 of the Copyright Law on the fair use of works. If the use is consistent with the use for personal appreciation purposes, such as weaving its pattern on personal items such as scarves and gloves for your own use only, or using the image of newspapers, periodicals, radio stations, television stations and other media when reporting news, etc., it usually does not harm the legitimate rights and interests of the copyright owner and does not constitute infringement.
The determination of copyright infringement does not depend on whether the use has a commercial profit purpose as a constituent element, especially in the case of dissemination of works through the Internet. Therefore, if the image of "ice pier" and "snow rongrong" is made into a pattern similar to emoji without authorization and spreads it online, even if it does not involve charging, if the act is not approved by the organizing committee, it is also an infringement.
As licensed goods for the Winter Olympics, the peripheral products related to "ice piers" and "snow rongrong" have special provisions in copyright protection.
Winter Olympic licensed products refer to the goods authorized by the Beijing Winter Olympic Organizing Committee to produce and sell goods related to the intellectual property rights of the Winter Olympic Games and the Winter Paralympic Games. "Ice pier" and "snow rongrong" are the Olympic symbols announced by the State Intellectual Property Office, and the related peripheral products designed with the image of "ice pier" and "snow rongrong" are not only the material carriers of the intellectual property rights of the Winter Olympic Games, but also the "Olympic-related assets" of the International Olympic Organizing Committee.
As the organizer of the 2022 Winter Olympic Games, Beijing must not only protect the licensed goods of the Winter Olympics in accordance with laws such as the Copyright Law, the Trademark Law, the Patent Law, and the Anti-Unfair Competition Law, as well as the Regulations on the Protection of Olympic Symbols and the Contract for the Host City of the Olympic Games signed with the International Olympic Organizing Committee.
According to the Announcement of the Beijing Winter Olympic Organizing Committee on the Mascots and Mascots of the Beijing 2022 Winter Olympics and the Winter Paralympic Games issued by the Beijing Winter Olympics Organizing Committee on September 17, 2019, the Beijing Winter Olympics Organizing Committee, as the copyright holder of the image of the ice pier, has registered the image of the ice pier and the snow Rongrong at the China Copyright Protection Center, and has filed a trademark registration application for the image and name of the mascot at the Trademark Office of the State Intellectual Property Office. The image and name of the mascot are also submitted to the State Intellectual Property Office for public announcement as the Olympic symbol.
Therefore, the production and sale of pirated peripheries of the ice pier belongs to the "reproduction and use of Olympic symbols and Olympic-related works without permission", which violates the Regulations on the Protection of Olympic Symbols, the Regulations on the Administration of Distinctive Signs, the Trademark Law of the People's Republic of China, the Patent Law of the People's Republic of China, the Advertising Law of the People's Republic of China, the Anti-Unfair Competition Law of the People's Republic of China, and if the pirated peripherals are sold online, it will also violate the "E-commerce Law of the Trademark Law of the People's Republic of China".
note!
These behaviors really can't be done!
3 people were punished for selling the ice piers at a high price
According to the Beijing Municipal Public Security Bureau, with the progress of the Beijing Winter Olympics, the mascot of the Winter Olympics, the "Ice Pier", has been warmly welcomed, reflecting the enthusiasm of the general public for caring about the Winter Olympics and supporting the Winter Olympics. However, a few people have started a "crooked idea" and resold at high prices in designated sales outlets and other places, illegally making profits and disrupting the normal purchase order.
In this regard, the police quickly investigated and severely cracked down, and at present, 3 violators have been seized, and all of them have been administratively punished according to law.
Beware of the following scams as well
If someone told you at this time that he had the "inventory" of the "ice pier" in his hand, and there were many "memorial surroundings", would you be moved? Don't worry, don't be more careful, don't fall for the "liar".
Recently, Mr. Liu of Jiangsu province met a netizen who claimed to be an employee of an art company, who recommended three sets of Winter Olympic games souvenirs such as Olympic commemorative badges, and said that they were of great collectible value.
Mr. Liu transferred 38,000 yuan to buy, after receiving the souvenir found that the texture was not good, the invoice was not formal, several requests for returns failed, and then found that the company has been written off.
This kind of fraud rubs the heat of the Winter Olympics, and there are two routines: one is to "shoddy", using souvenirs that do not have collectible value to impersonate and defraud high acquisitions; the other is the "empty glove white wolf", only under the guise of "Winter Olympic souvenirs", after receiving the transfer, it will be blacked out and disappear.
Fake Winter Olympics official website scam
By setting up a fake official website of the Winter Olympic Games, criminals lured netizens into registering online by setting up a fake official website for the Winter Olympics and conducting so-called "lucky draws", "Winter Olympic souvenir gifts for a limited time", "Winter Olympics commemorative stamps for a limited time", "Winter Olympic commemorative coins snapping up" and other activities on the website.
Fraudsters have long been implanted in the website number theft Trojan or virus program, once the netizens follow the path set by the website, they will fall into the trap of fraudsters, resulting in the leakage of personal information, and even the money in the bank card is transferred.
Anti-scam tips
For all kinds of lottery activities related to the Winter Olympic Games, it is best to log on to the official website of the Winter Olympic Games or check with an authoritative organization.
When encountering the need to pay "advance payment", "deposit", "handling fee", etc. in advance, the possibility of fraud is extremely high, do not be gullible.
Do not easily click on links and web pages from unknown sources, and do not easily disclose your identity information, deposit information, bank card information, etc. on the Internet.
Once cheated, be sure to dial 110 at the first time or go to the nearest police station to call the police.