news

Jimu News commentator Wen Qingman

Intern Wang Jinrui

On August 14, "Jia Ling wins the lawsuit" became a hot search. "Celebrity endorsement" and "celebrity recommendation" have always been one of the magic weapons for businesses to increase sales. However, without the authorization of the celebrity, using the celebrity's portrait to "take advantage of the popularity" and "attract traffic" will constitute infringement. Recently, the well-known actor and director Jia Ling successfully sued a black coffee producer that illegally used her portrait for commercial promotion and received 100,000 yuan in compensation. (According to the Global Times on August 14)

Related news pictures

After the release of the movie "Hot and Spicy", the inspirational weight loss story of the heroine "Le Ying" played by Jia Ling inspired many beauty lovers and also made some businesses have evil thoughts. The black coffee manufacturer in this case, without Jia Ling's consent, used Jia Ling's portrait on its product packaging and promotional materials to increase product sales. In a mysterious operation, the celebrity portrait was used as a cash cow. Little did they know that it seemed that they had taken a big advantage without spending a penny, but in the end they put themselves in the dock. "Only 5,000 boxes were produced" and "My company did not recognize it was Jia Ling during the review." Regardless of whether these claims are true or false, the infringement has already occurred.

Article 1018 of the Civil Code clearly stipulates: "Natural persons enjoy the right to their own portraits and have the right to produce, use, disclose or authorize others to use their own portraits in accordance with the law." Celebrities, as natural persons, also enjoy the right to their own portraits. Generally speaking, the portrait right holder can authorize others to use their own portraits through authorization or consent. This permission can be paid or unpaid, but whether others use it for a fee or unpaid, they must obtain the permission of the portrait right holder. Celebrity portraits are highly recognizable and have a wide influence, making them a hot commodity that businesses are competing for, but the right to use must be based on the consent of the person concerned.

As a well-known actress and director, Jia Ling's portrait has certain commercial value. Infringement of portrait rights will inevitably lead to damage to economic interests and easily mislead the public. In fact, the arbitrary use of celebrity portraits as a marketing tool will not only cause economic losses and mental harm to the portrait right holder, but also disrupt the market order and undermine the environment of fair competition. In the long run, this kind of "free-riding" behavior will weaken society's respect for portrait rights and intellectual property rights. In addition, for consumers, false or misleading advertising may also cause a crisis of trust and damage the legitimate rights and interests of consumers.

In recent years, similar infringements are not uncommon. When some consumers were shopping for plasters, they found that some stores had photos of academicians such as Zhong Nanshan and Li Lanjuan in their promotional images of related products, and the products claimed to be able to treat arthritis, skin diseases and many other diseases. A cosmetics company combined Ruby Lin's portrait and name with a certain brand, and marked "the same style as Ruby Lin's show" and "Ruby Lin recommends it with all her heart", causing the public to mistakenly believe that Ruby Lin has an endorsement relationship with a certain brand. These businesses' own products are not strong enough, and all these behaviors are essentially using celebrity portraits to attract traffic and make money.

Of course, it is understandable for businesses to advertise, and it is also understandable to use the celebrity effect to promote themselves, but the premise is that they must respect and abide by relevant laws and regulations to ensure that they operate within the legal boundaries. After all, although traffic is good, it must be obtained in a proper way. Only by attracting consumers with good products and good reputation can we usher in "overwhelming wealth". Relying on "touching porcelain" celebrities to make profits may be effective in the short term, but it will eventually backfire. Only legal and compliant operations can be stable and long-term.

(Source: Jimu News)

For more exciting information, please download the "Jimu News" client from the application market. Please do not reprint without authorization. You are welcome to provide news clues, and you will be paid once adopted.