Analysis and Answers

Using Internet emoticons for commercial purposes may involve infringement. Some emoticons have registered trademarks, and their use will involve infringement.

Generally, reprinting and quoting with the consent of the original author will not cause infringement.

Legal Basis

"Copyright Law of the People's Republic of China"

Article 53 Whoever commits the following infringements shall be held liable according to the circumstances. Civil liability stipulated in Article 52 of this Law; if the infringement also harms the interests of the public, the department in charge of copyright shall order the infringement to cease, issue a warning, confiscate the illegal gains, and confiscate and harmlessly destroy the infringing copies. As well as materials, tools, equipment, etc. mainly used to make infringing copies, if the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed; without illegal business volume, the illegal business volume is difficult to calculate or less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:

(1) Copying, distributing, performing, or recording without the permission of the copyright owner Screening, broadcasting, compiling, and disseminating his works to the public through information networks, except as otherwise provided for in this law;

(2) Publishing books for which others have exclusive publishing rights;

< p>(3) Copying and distributing audio and video recordings of his or her performance without the permission of the performer, or disseminating his or her performance to the public through information networks, unless otherwise provided for in this law;

( 4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the producers of audio and video recordings, except as otherwise provided for in this law;

(5) Without permission, Playing, copying or disseminating radio or television to the public through information networks, except as otherwise provided for in this law;

(6) Without the permission of the copyright owner or copyright-related rights holder, deliberately avoiding or Those who destroy technical measures, intentionally manufacture, import or provide to others devices or components mainly used to avoid or destroy technical measures, or intentionally provide technical services for others to avoid or destroy technical measures, laws and administrative regulations provide otherwise Except;

(7) Deliberately deleting or changing works, layout designs, performances, audio and video products, or rights management information on radio or television without the permission of the copyright owner or copyright-related rights holder , knows or should know that works, layout designs, performances, audio and video products, or rights management information on radio and television have been deleted or changed without permission and are still provided to the public, unless otherwise provided for by laws and administrative regulations;

(8) Producing and selling works counterfeiting the signature of others.

"Interpretation of the Supreme People's Court on Several Issues Concerning Determination of Liability for Compensation for Mental Damage in Civil Torts"

Article 10 The amount of compensation for mental damage is determined based on the following factors:

(1) The degree of fault of the infringer, unless otherwise provided by law;

(2) The specific circumstances of the infringement, such as the means, occasion, mode of conduct, etc.;

(3) Infringement The consequences of the act;

(4) The infringer’s profits;

(5) The infringer’s financial ability to bear liability;

(6) ) The average living standard in the location of the court being sued.

If laws and administrative regulations have clear provisions on disability compensation, death compensation, etc., the provisions of laws and administrative regulations shall apply.

Article 120 of the "People's Republic of China and Civil Code"

Where civil rights and interests are infringed upon, the infringed party has the right to request the infringer to bear tort liability.

Article 1,165 If an actor infringes upon the civil rights and interests of others due to fault and causes damage, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault and if he cannot prove that he is not at fault, he shall bear tort liability.

Article 1,166 If an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law stipulates that he should bear tort liability, such provisions shall apply.