laitimes

Is "copycat star" a new traffic password infringing?

author:Huashang Daily

Copycat Luhan made 35 million in 7 months

Copycat Jay Chou's tour was boycotted by fans......

It is not advisable to have a thousand people on the same side, but there is nothing wrong with being born to hit a star

It's not your fault that you look like chasing the popular wind

But Gao imitated the star's face, and also imitated the hairstyle, dress, voice, and even name

以假乱真蹭着流量谋利益

Rubbing the heat and profit, making money, blowing the popular wind into a crooked wind

It's really out of bounds

doubt

Amateurs look like stars, isn't it purely a coincidence?

What is wrong with the original face colliding with the celebrity face, with its own Internet celebrity attributes?

With the popularity of his face, who is in the way of traffic monetization?

parlance

Imitating a star is actually a manifestation of the "overflow" of celebrity influence

Bring joy to the public

It has also increased the popularity of imitated stars

But too commercial, vulgar imitation

There is indeed infringement

Imitating Lu Han, the man earned 35 million in 7 months with goods

The ticket price of the copycat Jay Chou tour is sold for up to 6,000 yuan

imitated Kobe Bryant and became popular, earning 80,000 yuan in more than 10 days......

Recently, "Copycat Jay Chou" started a tour, causing fans to boycott. Since June 2024, "Hei Lun" has carried out in-depth cooperation with a chain of bars, touring stores in many places, and the songs "All the Way North" and "Stranded" are all Jay Chou's works, causing dissatisfaction among Jay Chou fans. Some netizens said that the highest ticket price for his tour was 6,000 yuan, which was already 3 times the highest ticket price of Jay Chou's own concert. Another "Porridge Cake Lun" followed the footsteps of Jay Chou's concert and went to many places across the country to engage in "national cake tour" (to the local cake stall).

In this "era of replicants", those netizens who became popular by imitating celebrities have almost comparable traffic on the Internet. After Yunnan Ahui imitated the famous star Kobe Bryant, he earned 80,000 yuan in more than 10 days. Lu Ha, who imitated star Lu Han, revealed last year that he "earned 35 million in 7 months with goods"......

"Copycat stars" make a lot of money by imitating celebrities to eat, so is their behavior suspected of infringement?

Imitation of celebrities is intensifying

Ordinary people shout for "guidance"

The wind of imitating celebrities has long been blowing in all corners of the Internet.

Physics did not make Hawking stand up, but the gift could make "or catty" stand up, and since then, the "Global Repechage Tournament" has officially begun.

"Bedo Crazy" composed live music in the live broadcast room, "Lu Yi Pomegranate" tested the flexibility of the head, "ID Sheng" danced with an electric light in his hand, "New Ton" was hit by an apple again, and "Curie Furen" wore sunglasses and played with a sniper rifle......

In the live broadcast room of the film and television industry, here is "Hanni Pull" inviting you to come to the house as a guest; There is a copycat version of "Hurricane" team connecting to complain to each other; A few more strokes down, you can also see the reconciliation of the century between "Zhong S" and "Wang Dafei".

On the sports side, "Yao Xiaoming" is interacting with "Kobe" and reproducing the classic scene of "Yao Ming was injured by Kobe's elbow".

Gradually, people found that as long as you look like a certain star, or even print a piece of paper and wear it on your face, you can win hemp without a brain.

As a result, more and more people began to post their photos in the comment area, with the text "Pure passers-by, obedient, seeking transformation", trying to seek "immortal guidance" to become a "congenital holy body", and successfully ate the bowl of rice on the live broadcast.

The recently popular Yunnan Ah Hui, under the guidance of the masters, imitated "Kobe", and earned 80,000 yuan in more than 10 days, close to the average annual salary of the locals.

Imitation brings traffic

But there is also a potential crisis

When it comes to parody shows, everyone must be familiar with them, and there have always been many excellent imitators, most of whom imitate celebrities' clothing or voice dances to bring laughter to everyone. This kind of imitation has an attitude of paying tribute to the main owner at the beginning, and it is highly similar to the star himself in terms of singing, typhoon, makeup, etc. Although they are "copycats", they often have strong performance, singing and dancing skills, relying on their strength to conquer the audience.

However, with the rise of short video live streaming platforms, "replicants" have entered the 2.0 era. Pick up your phone and open the short video platform, and you will find a group of people wearing exaggerated makeup and vague names to attract traffic.

The most eye-catching is the pirated boy group ESO, relying on homophonic names, deliberately pretending to be ugly and playing stalks, using people's curiosity to attract a lot of traffic on the short video platform. Among them, the leader "Luha" became popular by imitating the star Luhan, with a monthly income of 5 million yuan last year, and earned 35 million yuan in 7 months with live broadcasts, and spent 11 million yuan to buy a luxury house, more than 6 million yuan to buy an office building, and 2.77 million yuan to buy a luxury car, so that now "there are only more than 300,000 left in Alipay, and there is really no money".

In the era of traffic, the original intention of imitation, whether it is a tribute or a meme, can be popular is the king. However, the funny, ugly, and sideways of these "replicants" have damaged the image of the imitator himself, and also caused dissatisfaction among the fans of the main person, not only can they not make money, but they may also face legal punishment.

Wang Baoqiang, a copycat Internet celebrity who imitated Wang Baoqiang, in order to gain popularity, found the imitators of Wang Baoqiang's ex-wife Ma Rong and Song Zhe's imitators to hype each other for profit, maliciously consumed Wang Baoqiang's own failed emotional experience, and was extremely disrespectful to Wang Baoqiang himself. Later, some netizens broke the news that Wang Baoqiang was sued by Wang Baoqiang himself, and may face a huge compensation of more than one million. What followed was a video of Wang Baoqiao apologizing to Wang Baoqiang himself, but refuting the rumors of millions of compensation. Now, Wang Baoqiao has canceled his million-fan account and uses his real-name account.

>> doubts

"Copycat Jay Chou" tour in many places, is it infringing?

Lawyer Zhou Xuliang, director of Beijing Guanling Law Firm, said that on the one hand, imitating celebrities is actually a manifestation of the "overflow" of the influence of the celebrities themselves, and many imitations not only bring joy to the public, but also improve the popularity and popularity of the imitated stars to a certain extent. On the other hand, some overly commercial and vulgar imitations do have infringements.

First of all, imitating Jay Chou's tour is naturally singing Jay Chou's songs, if you sing for profit without the permission of the song copyright owner, it will infringe on the copyright of others; Secondly, the Civil Code stipulates for the first time that the right to voice is protected by law, and Jay Chou's voice has obvious recognition and commercial value, and imitating Jay Chou's voice for profit during the tour is also suspected of infringing Jay Chou's own voice rights; Furthermore, the publicity and use of Jay Chou's name may infringe on Jay Chou's own name rights; The direct use of Jay Chou's photo may infringe on Jay Chou's portrait rights; If the image of Jay Chou is damaged during the performance, which is enough to cause his personal social evaluation to be lowered, Jay Chou's right to reputation may be infringed; If the style of dressing and the content of the performance are highly similar to the celebrity, deliberately using the celebrity's popularity to seek commercial benefits, it may also constitute unfair competition. To sum up, "Copycat Jay Chou" has been suspected of infringement in many aspects. The fact that the celebrity himself does not pursue it does not mean that the imitator can act recklessly. Celebrity parody shows cannot have boundaries and bottom lines, and while pursuing personal development, imitators should also abide by the law, respect originality, and jointly build a rule of law and a healthy cultural market.

Is it illegal to exaggerate bottomless imitations?

With the advent of the Internet era, this kind of copycat star has more possibilities to monetize traffic, and the legal risks involved in related behaviors are also increasing.

Sun Zhaoyi, a lawyer at Henan Zhongyu Law Firm, said that first of all, from a legal point of view, the objects of rights that may be infringed by imitation are mainly copyright, performer's right and reputation right, and in special cases, the infringement of portrait rights will be involved.

Secondly, in reality, there are imitations that some imitators continue to exaggerate and have no bottom line on the basis of the original imitation. This part of the behavior seems to belong to the originality of the imitator, but the imitation behavior is still essentially dependent on the behavior of the imitated person, so this part of the exaggerated and bottomless imitation behavior has a negative impact on the image of the imitated star in the public to a large extent.

So is it illegal to imitate it in this way? Sun Zhaoyi believes: "For the current celebrity imitation behavior, reasonable analysis and evaluation should be conducted, and imitation behavior within a reasonable range can be allowed; However, imitation conduct that has no bottom line, is excessively exaggerated, and is for the purpose of profit, and violates the bottom line of morality and social order and good customs, shall be stopped in accordance with law. ”

Most of the time, celebrities take a tolerant attitude towards these imitators. But the fact that the celebrity himself doesn't mind doesn't mean that these imitators can have no scruples.

>> sharp comments

Imitation can't cross the line

Celebrity imitation shows have long existed, and after the rise of short videos, they are even more popular, whoever is popular will imitate whom, and slightly famous Internet celebrities and celebrities have all appeared in various "high imitation numbers".

Imitating celebrities to earn traffic has long been in a "gray area". Many imitators believe that looking like a star is "God appreciates food and eats", and they don't use the name of the star to deceive people, although they are indeed "rubbing the heat", but since they have chosen to play the Internet, they don't rub it for nothing! Objectively speaking, the face looks like a star, and it is indeed talented, even if it is plastic surgery to make a star face, it is just a personal behavior, not a crime. However, imitation has lost the necessary scale, and deliberately using the fame of celebrities and celebrities to grab traffic and seek benefits may cross the boundary of legality and reasonableness.

Although, when Jay Chou once responded to the topic of "imitators", he said very open-mindedly: "The multiverse Lun in every place is real, and it is all Lun who works hard in life." But at present, the business of traffic monetization is booming, and most celebrity imitations have long been out of the categories of tribute, comedy, and second creation, and they have been rushing to "make money" from the beginning. Once overly obsessed with interests, people will often lose their minds, lose their minds, and do things that cross the boundaries and infringe on the rights and interests of others. Therefore, imitation really cannot be borderless and unscrupulous, and it needs to draw a red line and regulate and restrain it. In particular, for those illegal account entities that are clearly and deliberately infringing, violating public order and good customs, and lacking integrity and self-discipline, the platform should promptly publicize and deal with them, curb the negative atmosphere of bottomless hype, and do not let the entire cyberspace be "copycats" everywhere, and the desire for profit will be overwhelming.

The real value lies in innovation and uniqueness

Perhaps many imitators think that by virtue of their appearance, voice and other advantages, they can obtain income by imitating celebrities, which is the embodiment of labor value, not transgression, but they deliberately use the celebrity's fame to gain traffic and take the opportunity to make profits, doesn't it cross the legal boundary? What's more, if it weren't for the factors of the star itself, how many people would be willing to pay for it and cheer for it?

On the surface, the imitated star has no actual loss, but its rights and interests have long been secretly damaged. For example, if a copycat uses a similar appearance or voice to a celebrity, causing confusion among the public, it may be suspected of infringing the celebrity's right to portraiture or name; imitating the voice of a celebrity may be suspected of infringing on the celebrity's own right to sound; Borrowing celebrities' personal experiences for hype, etc., may infringe on the celebrity's right to reputation; Unauthorized use of a celebrity's original work may be suspected of copyright infringement; The bar is suspected of using copycat celebrities to try to confuse consumers, suspected of unfair competition, etc.

As public figures, celebrities have a greater obligation to tolerate, but they should use legal means to curb infringement and make imitators bear corresponding legal responsibilities in accordance with the law. This is not only the protection of their own rights and interests, but also the respect for fans.

At present, the logic of traffic supremacy has made many "copycat imitators" eager to try. For such acts, the relevant authorities should strengthen supervision and clarify the boundaries of imitation and the legal liability for infringement; It is also necessary to strengthen law enforcement and severely crack down on imitation behaviors that infringe on the rights and interests of others, so as to form an effective deterrent.

Parody itself is an artistic expression that stems from the appreciation and homage of the star, the original. Therefore, occasional, slight imitation has its own meaning. However, imitators should be aware that excessive imitation behavior not only ignites the fire, but also is a crazy temptation on the edge of breaking the law, and it is the correct and rational behavior to keep the bottom line as soon as possible.

No matter how the wind blows in traffic, we should be soberly aware that although the Internet provides a platform for everyone to speak out, the real value lies not in imitation and copying, but in innovation and uniqueness. While enjoying the convenience and fun brought by short videos, we should also maintain rational and sober thinking, and jointly create an online world with both traffic popularity and quality connotation.

>> hotly discussed by netizens

The controversy of copycat stars has been around for a long time, and netizens have mixed reviews about it.

One is critical.

@多想藏着你的好: It's really speechless, stop overspending Jay Chou under the banner of honest people.

@Crescent: It doesn't matter if you look alike, you want to start collecting money with a piece of paper on your face, which is really outrageous.

@陈哲然: Imitating celebrities is a science, either with comedic effect or artistic value, and you can't blindly use the subsidiary value of stars to attract money for yourself.

There are also many people who think that it is understandable to have a lively time.

@hdiwadnwe: I still like this format, happiness is paramount, and the most important thing is that it can provide corresponding emotional value, look at and smile after work, relieve the fatigue of the day, as long as you don't do anything out of line, I still support it.

There are also rational melon eaters.

@是秦子啊: Since this form can explode, it shows that people like it now, then there is a certain reason for its existence, as for whether it is good or bad, I still have a wait-and-see attitude. Comprehensive Dahe Daily, Jimu News, Rule of Law Daily, etc

Read on