In the past few days, the Beijing Winter Olympics have been advancing as expected, with ice and snow in the venue and hot topics around the Winter Olympics outside the venue, especially the newly promoted top stream "ice piers" in 2022, which are loved and also trigger some infringements. On February 11, Dahe Financial Cube reporter learned from the Copyright Bureau of Henan Province that in order to strictly protect the copyright related to the Winter Olympic games and the Winter Paralympic Games and ensure the safe and smooth progress of various events, Henan has carried out in-depth "Concentrated Action for Copyright Protection of the Winter Olympic Games" and actively contributed to the Beijing Winter Olympics and Winter Paralympic Games.
【Protection】
The Henan Working Group on Anti-Piracy of the Winter Olympics was established to carry out special actions
According to reports, in order to properly protect the copyright related to the Winter Olympic Games and the Winter Paralympic Games, Henan has set up a Henan Working Group for the Winter Olympics, composed of six departments: the Provincial Copyright Bureau, the Provincial Cyberspace Office, the Provincial Communications Administration, the Provincial Public Security Department, the Provincial Department of Culture and Tourism, and the Provincial Radio, Film and Television Bureau, to achieve provincial, municipal, and county dispatch, implement the 7×24-hour duty system of liaison officers, promote the realization of information exchange, case consultation, case investigation, and joint case handling, and provide a strong copyright guarantee for the smooth hosting of the Beijing Winter Olympic and Paralympic Games.
Recently, Tan Fusen, deputy director of the Propaganda Department of the Provincial PARTY Committee and director of the Provincial Press and Publication Bureau (Provincial Copyright Bureau), led a team to visit and inspect the cultural market around Zhengzhou to conduct a secret visit to the copyright of cultural and creative products of the Winter Olympics. During the Spring Festival, all provinces and municipalities extensively carried out special actions to "concentrate on rectifying the illegal dissemination of Winter Olympic games programs" and "severely cracking down on infringement and piracy of works related to the Winter Olympics"; Zhengzhou City carried out daily inspections of key markets such as the sales and distribution centers of copyright commodities for the Winter Olympics; Kaifeng City conducted key inspections of the infringement and piracy of audio-visual, text, fine arts, music, and other works related to the Winter Olympics; Luoyang City strengthened the supervision and guidance of Internet enterprise platforms within its jurisdiction, and urged the performance of the responsibility of reporting clues to illegal crimes; Xinxiang City strengthened the e-commerce platform, Carry out inspections of the copyright of Winter Olympic commodities such as the "ice pier" of the toy wholesale market; Jiaozuo City has established a communication and contact list of key units to carry out key supervision of printing enterprises, publication markets, tourist attractions, and e-commerce platforms within its jurisdiction; Zhoukou City has carried out centralized inspections of key markets such as large markets, shopping malls, stationery stores, and boutiques, and continued to maintain a high-pressure posture of cracking down on copyright infringement and piracy involving the Winter Olympics.
At the same time, guide the news websites and new media platforms of various provinces and municipalities to carry out various forms of publicity on copyright protection for the Winter Olympics. Among them, Luohe City adheres to the combination of positive publicity and negative control, and has concentrated on cleaning up a number of online live broadcasting platforms, various learning platforms, websites, App-related illegal advertisements for the Winter Olympics and other online content to create a clear cyberspace. Jiaozuo City and Zhoukou City have widely announced telephone and email addresses for reporting infringement of copyrights in the Winter Olympics, strengthening mass supervision and building a social co-governance pattern of copyright for the Winter Olympics.
As of February 9, the province had dispatched 1,785 cultural law enforcement person-times, inspected 1,689 cultural business units, and inspected 942 network business units, forming a powerful deterrent to crack down on copyright infringement of the Winter Olympics.
【Statement】
Selling pirated "ice piers" touches these "legal red lines"
After the start of the Winter Olympics, the "ice pier" quickly came out of the circle with its super cute appearance and a very innovative design sense, and under the condition of "one pier is difficult to find", many people began to be "self-sufficient", such as through paper cutting, painting, handicraft and other ways to achieve "ice pier freedom". In addition, some pirated peripherals have also quietly appeared. From a legal point of view, which acts are suspected of infringement?
According to reports, the cartoon images of "ice piers" and "snow rongrong" are protected by the Copyright Law. According to the Announcement of the Beijing Winter Olympics 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, the Beijing Winter Olympics Organizing Committee, as the copyright holder of the image of the ice pier, has registered the copyright of 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, and also submitted the image and name of the mascot to the State Intellectual Property Office as an Olympic symbol for announcement. Therefore, the production and sale of pirated ice piers is "reproduction and use of Olympic symbols and Olympic-related works without permission", which touches the legal red line and may violate the relevant provisions of laws and regulations such as the Regulations on the Protection of Olympic Symbols, the Regulations on the Administration of Special 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 other laws and regulations. Selling pirated peripheral products online will also violate the E-Commerce Law of the People's Republic of China.
However, the copyrights of "ice piers" and "snow rongrongs" 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.
Editor-in-charge: Liu Anqi | Review: Li Zhen | Director: Wan Junwei
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