On May 20, according to Yuan News, the short video account of Lei Jun's imitator "Lei Min" has been renamed "Minzi", and all videos imitating Lei Jun in the account have been deleted, and it is suspected that he has been warned many times by "Xiaomi".
It is understood that from May 2, "Lei Min" began to release videos imitating Lei Jun, mainly imitating Lei Jun's clothing. Netizens pointed out that the dark blue suit, T-shirt, and jeans worn by "Lei Min" in the video are basically the same as what Lei Jun wore before, and the hairstyle is also the same, and the whole person in the video looks similar to Lei Jun.
According to Whale Video, after being "named" by the platform, "Lei Min" still went to the Xiaomi car store to shoot a short video on May 7, and started a live broadcast for 37 minutes on the evening of the same day, with 40,000 viewers. In response, the Xiaomi auto store responded that live broadcasts and videos are not allowed in the store.
After searching on the online platform, the reporter found that imitators like "Lei Min" are not alone, and the objects of imitation come from various fields and are celebrities who are well known to most people. There are "Zhou Honger" who imitate Zhou Hongyi, "Wang Baoqiang" who imitates Wang Baoqiang, "Huang Wei" who imitates Huang Bo, "Mambo" who imitates Kobe, etc., they reward through short videos and live broadcasts, and the number of fans is high, and some netizens have also questioned: Is this "copycat" behavior infringing?
On this issue, the reporter consulted lawyer Fu Jian, director of Henan Zejin Law Firm.
Fu Jian believes that whether imitating a celebrity constitutes infringement needs to be determined by looking at the subjective purpose and objective impact of his imitation:
If they are for the purpose of profit, they bring goods and sell goods, wear the same clothes as celebrities, give similar names, and speak similar lines, such as Lei Min, Zhou Honger, etc., they may be suspected of infringing on others' portrait rights, reputation rights, and even the copyrights of some film and television works.
If it is imitated for the purpose of one's own entertainment, such as lip-syncing in a video, imitating classic actions, etc., and there is no profit-making purpose, it does not constitute infringement, but if it scandalizes or belittles a public figure, it may infringe the right to reputation.
If it only looks like itself, but in live broadcasts or other commercial activities, it does not use the star effect to vigorously promote and attract traffic, but operates normally, for example, "Porridge Cake Lun" insists on setting up a stall to sell cakes, and does not wantonly use its appearance to be similar to the star to collect money, it is not an infringement.
Fu Jian said that due to the rapid development of short videos, there are not a few people who imitate celebrities on short video platforms, in addition to some positive imitators, there are also some illegal imitators on the Internet to attract attention, and consumers of the deceased and imitators with derogatory and insulting nature.
Fu Jian called on imitators to pay attention to the scale and adhere to public order and good customs, such as using the image of celebrities and their influence to make a lot of money on the Internet, which is an act that infringes on the legitimate rights and interests of others, and also disrupts the order of the Internet and hurts the public's feelings. Both the platform and the relevant departments should earnestly fulfill their responsibilities and put an end to bad practices.
Source: New Gansu client WeChat public account
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