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Uncle Han, a short video blogger, has recently attracted widespread attention because of his collision with Wang Han in the face. In his short videos and live broadcasts, he often wears a suit and black-rimmed glasses, giving people a very polite image, which makes him considered similar to Wang Han. Many viewers commented under his work: "Is it Wang Han? "I really thought it was Teacher Wang Han" "At first sight, Wang Han came to gather".
However, Uncle Han is not just a lone imitator, he often collaborates with other celebrity imitators, such as singing songs from "Huanzhu Gege" with a woman, and mopping the floor with a man who plays the image of Xiao Shenyang. This collaborative approach makes his imitation more vivid and interesting, and has won the love of many fans.
Some netizens praised Uncle Han's imitation skills vividly, thinking that his imitation was very successful. However, some people questioned his imitation behavior, believing that he was grandstanding, and some even questioned whether he infringed on the rights and interests of the imitator.
For this question, we can ask lawyer Fu Jian of Henan Yulong Law Firm to give some explanations. According to lawyer Fu's opinion, the short video blogger Uncle Han imitated Wang Han's portrait during the live broadcast, and his name is easy to mistake people for Wang Han himself. If it is mere imitation, then it does not constitute infringement.
However, because the short video platform has a tipping function, the anchor can earn income, so live performances are a kind of profit-making behavior. If the portrait of another person is used or imitated for profit without the consent of the right holder, it is an infringement of the portrait right of another person. According to the provisions of the Civil Code of the People's Republic of China, the main ways of liability for infringement of portrait rights include stopping the infringement, eliminating the impact, making a formal apology, and compensating for the loss of property caused to others.
Mr. Fu also pointed out that if the imitator clearly indicates that he is imitating and does not distort the image of the person being imitated, then there is no infringement involved. That is to say, when the imitator performs the imitation, he must clearly indicate the nature of his imitation, and must not deliberately mislead the audience into believing that he is the imitated person.
According to the provisions of the Civil Code, no organization or individual may infringe upon the portrait rights of others by means of ugliness, defacement, or forgery by means of information technology. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed, except as otherwise provided by law.
We have not yet been able to contact Uncle Shanghan and Wang Han on this issue, but this case has sparked a discussion about the rights and interests of short video bloggers and celebrity imitators. We need to think about how to balance the boundaries between imitation and infringement to protect everyone's legitimate rights and interests.
In general, imitation is a form of entertainment, but when it comes to imitation, it is necessary to be clear about the nature of one's imitation and not to mislead the audience into believing that one is being imitated himself. In addition, it is necessary to respect the portrait rights of others and avoid infringing on the legitimate rights and interests of others. This case reminds us that while having fun, we should also pay attention to the bottom line of the law to ensure social harmony and fairness.
Recently, the incident of Uncle Han's imitation of Wang Han on the short video platform has attracted widespread attention. In his short videos and live broadcasts, Uncle Han often appears in a suit, wearing a light-colored round politeness and a pair of black-framed glasses, which is considered to be similar to Wang Han, which has aroused many netizens' doubts and discussions. Someone commented: "Is it Wang Han?" ", "I really thought it was Teacher Wang Han", "At first sight, Wang Han came to gather", these remarks reflect Uncle Han's successful imitation of Wang Han's image.
In addition, Uncle Han often cooperates with other celebrity imitators, such as singing the songs in "Huanzhu Gege" with a woman who imitates the film and television character Xia Ziwei, and mopping the floor with a man who imitates Xiao Shenyang. His imitation was brilliant and was praised by some netizens. However, there are also those who believe that his imitation is for grandstanding, and others question whether he has violated the rights and interests of the person being imitated.
There are some key issues that need to be carefully considered in this incident. First of all, did Uncle Han infringe on portrait rights? Fu Jian, a lawyer at Henan Yulong Law Firm, believes that Uncle Han's imitation of Wang Han's image during the live broadcast, including his appearance and name, is easy for others to misunderstand as Wang Han himself. However, if this is a simple imitation and does not result in actual infringement, then Uncle Han may not be liable for infringement.
However, the complexity of the problem lies in the fact that the short video platform has a tipping function, and the anchor can earn income, so Uncle Han's live performance involves profit-making behavior. Without the consent of the right holder, the use or imitation of another person's portrait for profit may be regarded as an infringement of portrait rights. According to the provisions of the Civil Code of the People's Republic of China, the main ways of liability for infringement of portrait rights include stopping the infringement, eliminating the impact, making a formal apology, and compensating for the loss of property caused to others.
Mr. Fu also pointed out that if the imitator clearly marked it as an imitation and did not distort the image of the person being imitated, then there was no infringement involved. This means that when Uncle Han performs a parody performance, he must clearly indicate his own imitative nature, so as to avoid misleading the audience into believing that he is Wang Han himself, and thus suspected of infringing on portrait rights.
According to the provisions of the Civil Code, no organization or individual may infringe upon the portrait rights of others by means of uglification, defacement, or forgery by means of information technology. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed, except as otherwise provided by law.
Although the incident involved a series of legal and moral issues, the connection between Uncle Han and Wang Han has not yet been clarified. From a legal point of view, the key is whether Uncle Han's imitation involves infringement, which needs to be judged by specific circumstances and evidence. And from a moral point of view, imitating others is a tribute and entertainment to a certain extent, but it can be controversial if it confuses the audience too much.
Overall, this incident has raised concerns about parody on short video platforms, especially when it comes to for-profit behavior. It is important to clearly indicate the nature of imitation and avoid distorting the image of others to ensure that the image rights of others are not infringed. The balance between law and ethics is particularly important here, and the relevant regulations and guiding norms need to be clearer to meet the challenges of this new type of entertainment.
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