Viewpoint... One of the external publicity articles of intellectual property compliance management of enterprises and institutions.
Published:
2023-02-02
Before and after the Spring Festival, consultants have been continuously consulting on the suspected infringement of their own publicity channels. In recent years, similar consultations have been continuous. Although they are commonplace, they are still emerging. Therefore, this article is written to sort out the relevant matters that should be paid attention to in the publicity of their own channels in the multimedia/self-media era, and to list the relevant risk points in the law and cases in simple language as far as possible for the reference of legal and publicity personnel. Classification and Development of 1. Propaganda Channels The external publicity channels of enterprises and institutions are mainly divided into two types, one is the traditional paper material publicity, and the other is through the official website, webpage, WeChat public number, today's headline number, Douyin or Kuaishou and other software or platform registration Account for publicity. Most of the content is self-collected or forwarded. Compared with the previous paper media propaganda, today's multimedia/self-media era has higher requirements for content. Not only must it be time-sensitive, but also graphics, text, sound, video, and design to catch people's attention and gain more More attention. Therefore, when all enterprises and institutions carry out publicity through multimedia/self-media, they should make more efforts in content management. Since the media era, many personal videos and published graphic works use a large number of fashion elements, posters, video clips of movies and TV plays, which appear to be high-end and fashionable. However, as commercial enterprises and institutions, they must be careful when using relevant materials and do a good job in reviewing relevant contents. From the perspective of avoiding infringement, the published contents should be original, authorized or legal sources. Content Review from the Perspective of 2. Copyright Law The content in the publicity materials is the core, and the review of the content is the most important thing. Even if it cannot reach the third review and third review of the traditional paper media publishing industry, a review mechanism should be designed that can be issued only after the author/editor's self-review and the relevant reviewer's confirmation. In addition to the prohibition of publication of illegal content listed in the Copyright Law, the following review points should be noted. 1. About written works The first is to advocate originality; the second is to obtain the consent of the right holder or have a legal source, that is, to obtain the authorization of the right holder/starter, and to retain written evidence. For example, if you need to reprint a provincial newspaper public article, you should consult on its website or WeChat background, obtain permission before reprinting, and keep the certificate of permission. 2. About art works (pictures, pictures, art words, etc.) To promote their own creation, other works of art and pictures that must be used can be purchased from a professional company or authorized by the right holder. At present, the cartoon pictures or expression packs widely used by the public number are likely to be the original works of the right holder and should be authorized to be used again. The art fonts circulated on the Internet also need to have a legal source, and cannot be downloaded and used without permission. You can avoid the risk of infringement by contacting the right holder to obtain authorization, create by yourself or entrust a qualified third-party design. The machines used for writing, editing and publishing shall use genuine software, and the edited and published contents shall use the font library and authorized resource library of the genuine software, and those from unknown sources shall be prohibited. 3. About audio works The soundtrack in the promotional material needs to be from a legitimate source and is recommended to be selected from a professional paid music library. Self-created can be used with confidence, or you can choose classical music that has exceeded the copyright protection period, and hire professionals to play/sing/synthesize it for use (an agreement should be signed with professionals). Some self-media platforms have their own background music libraries, and attention should be paid to the scope of their use. The external publicity of enterprises and institutions is generally recognized as commercial use in judicial practice. The music libraries brought by the platforms are generally licensed for personal use and cannot be used for commercial use. Therefore, the use of the platform's own resource library should be implemented whether it can be applied to business. 4. About video works The videos in the promotional materials need to have legal sources, and it is recommended to shoot, purchase or obtain authorization from the right holder. If the selected video does not have a legal source, in addition to the copyright owner, it may also be suspected of infringing the rights of the performer or the legal rights of other rights holders. Therefore, the selection of video works must especially implement the legal source. 5. About other works/rights In addition to the above-mentioned text, pictures, audio and video, the published content may also contain other works/rights, such as layout design, trademarks, etc., which cannot be used without legal sources to avoid the risk of infringement. Content Review from the Perspective of 3. Anti-Unfair Competition Law The the People's Republic of China Anti-Unfair Competition Law is a law enacted to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers. For enterprises and institutions, foreign publicity should also pay attention to avoiding unfair competition, which is mainly reflected in the following points: 1. The published content shall not have the following confusing behaviors, causing people to mistake it for other people's products or have specific connections with others, including: it is not allowed to use the same or similar product name, packaging, decoration, etc. that have certain influence with others without authorization. Logo; it is not allowed to use enterprise names (including abbreviations, font names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.) that others have certain influence on without authorization; It is not allowed to use the main part of the domain name, website name, web page, etc. that others have certain influence without authorization; there must be no other confusing behavior that can cause people to mistake it for other people's goods or have a specific connection with others. 2. The published content shall not make false or misleading commercial publicity on the performance, function, quality, sales status, user evaluation, honor, etc. of the product, so as to deceive or mislead consumers. It is not allowed to help other operators to carry out false or misleading commercial publicity. 3. The published content shall not fabricate or disseminate false or misleading information to damage the business reputation and commodity reputation of competitors. 4. The published content shall not disclose the trade secrets of others. In addition to the above four points, in terms of protecting the legitimate rights and interests of enterprises and institutions, enterprises and institutions shall not disclose their own business secrets. It sounds strange, but it is not uncommon in practice. In order to publicize, enterprises and institutions often preemptively release their technological breakthroughs, new research and development results or new products. With the release of content, it may result in the inability to apply for patents or related research and development results/commercial information. Can not be protected as trade secrets. Content Review from the Perspective of 4. Advertising Law In many cases, the publicity documents of enterprises and institutions involve the publicity and promotion of enterprises and products. At this time, the publicity documents are subject to the regulation of the Advertising Law. In order to avoid risks, combined with the common situation of external publicity, the following points should be paid attention: 1. The published content shall be true and objective, and shall not contain false or misleading content. 2. In the process of promoting enterprises or products, terms such as "national level", "highest level" and "best" shall not be used. 3. In the process of promoting enterprises or products, there shall be no direct or disguised content that belittles peers. 5. Summary In order to avoid infringement, all legal or minor editors must pay attention when publicizing: first, the contents of pictures, texts, audio and video should be determined to be original or have legal sources; Secondly, the relevant content does not infringe other legitimate rights and interests of others, such as portrait rights; Third, the content that is not authorized but needs to be displayed can be quoted in a reasonable and small amount and the source can be indicated. For the relevant content that cannot be quoted in a reasonable and small amount, you can jump directly to the original web page/website of the right holder by making links; fourth, the content is true and objective, avoiding terms such as "national", "highest", and "best. For the published content, after the above review can avoid the vast majority of illegal or infringement risk. Since the vast majority of the publicity does not involve special laws such as patent law, this article will not be expanded on and may be detailed in a subsequent series of articles if necessary. This article can be used as a reference for enterprises and institutions to publish self-examination publicity materials through their own publicity channels.
Before and after the Spring Festival, consultants have been continuously consulting on the suspected infringement of their own publicity channels. In recent years, similar consultations have been continuous. Although they are commonplace, they are still emerging. Therefore, this article is written to sort out the relevant matters that should be paid attention to in the publicity of their own channels in the multimedia/self-media era, and to list the relevant risk points in the law and cases in simple language as far as possible for the reference of legal and publicity personnel.
Classification and Development of 1. Propaganda Channels
The external publicity channels of enterprises and institutions are mainly divided into two types, one is the traditional paper material publicity, and the other is through the official website, webpage, WeChat public number, today's headline number, Douyin or Kuaishou and other software or platform registration Account for publicity. Most of the content is self-collected or forwarded. Compared with the previous paper media propaganda, today's multimedia/self-media era has higher requirements for content. Not only must it be time-sensitive, but also graphics, text, sound, video, and design to catch people's attention and gain more More attention. Therefore, when all enterprises and institutions carry out publicity through multimedia/self-media, they should make more efforts in content management.
Since the media era, many personal videos and published graphic works use a large number of fashion elements, posters, video clips of movies and TV plays, which appear to be high-end and fashionable. However, as commercial enterprises and institutions, they must be careful when using relevant materials and do a good job in reviewing relevant contents. From the perspective of avoiding infringement, the published contents should be original, authorized or legal sources.
Content Review from the Perspective of 2. Copyright Law
The content in the publicity materials is the core, and the review of the content is the most important thing. Even if it cannot reach the third review and third review of the traditional paper media publishing industry, a review mechanism should be designed that can be issued only after the author/editor's self-review and the relevant reviewer's confirmation. In addition to the prohibition of publication of illegal content listed in the Copyright Law, the following review points should be noted.
1. About written works
The first is to advocate originality; the second is to obtain the consent of the right holder or have a legal source, that is, to obtain the authorization of the right holder/starter, and to retain written evidence. For example, if you need to reprint a provincial newspaper public article, you should consult on its website or WeChat background, obtain permission before reprinting, and keep the certificate of permission.
2. About art works (pictures, pictures, art words, etc.)
To promote their own creation, other works of art and pictures that must be used can be purchased from a professional company or authorized by the right holder. At present, the cartoon pictures or expression packs widely used by the public number are likely to be the original works of the right holder and should be authorized to be used again.
The art fonts circulated on the Internet also need to have a legal source, and cannot be downloaded and used without permission. You can avoid the risk of infringement by contacting the right holder to obtain authorization, create by yourself or entrust a qualified third-party design.
The machines used for writing, editing and publishing shall use genuine software, and the edited and published contents shall use the font library and authorized resource library of the genuine software, and those from unknown sources shall be prohibited.
3. About audio works
The soundtrack in the promotional material needs to be from a legitimate source and is recommended to be selected from a professional paid music library. Self-created can be used with confidence, or you can choose classical music that has exceeded the copyright protection period, and hire professionals to play/sing/synthesize it for use (an agreement should be signed with professionals).
Some self-media platforms have their own background music libraries, and attention should be paid to the scope of their use. The external publicity of enterprises and institutions is generally recognized as commercial use in judicial practice. The music libraries brought by the platforms are generally licensed for personal use and cannot be used for commercial use. Therefore, the use of the platform's own resource library should be implemented whether it can be applied to business.
4. About video works
The videos in the promotional materials need to have legal sources, and it is recommended to shoot, purchase or obtain authorization from the right holder. If the selected video does not have a legal source, in addition to the copyright owner, it may also be suspected of infringing the rights of the performer or the legal rights of other rights holders. Therefore, the selection of video works must especially implement the legal source.
5. About other works/rights
In addition to the above-mentioned text, pictures, audio and video, the published content may also contain other works/rights, such as layout design, trademarks, etc., which cannot be used without legal sources to avoid the risk of infringement.
Content Review from the Perspective of 3. Anti-Unfair Competition Law
The the People's Republic of China Anti-Unfair Competition Law is a law enacted to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop unfair competition, and protect the legitimate rights and interests of operators and consumers. For enterprises and institutions, foreign publicity should also pay attention to avoiding unfair competition, which is mainly reflected in the following points:
1. The published content shall not have the following confusing behaviors, causing people to mistake it for other people's products or have specific connections with others, including: it is not allowed to use the same or similar product name, packaging, decoration, etc. that have certain influence with others without authorization. Logo; it is not allowed to use enterprise names (including abbreviations, font names, etc.), social organization names (including abbreviations, etc.), and names (including pen names, stage names, translated names, etc.) that others have certain influence on without authorization;
It is not allowed to use the main part of the domain name, website name, web page, etc. that others have certain influence without authorization; there must be no other confusing behavior that can cause people to mistake it for other people's goods or have a specific connection with others.
2. The published content shall not make false or misleading commercial publicity on the performance, function, quality, sales status, user evaluation, honor, etc. of the product, so as to deceive or mislead consumers. It is not allowed to help other operators to carry out false or misleading commercial publicity.
3. The published content shall not fabricate or disseminate false or misleading information to damage the business reputation and commodity reputation of competitors.
4. The published content shall not disclose the trade secrets of others.
In addition to the above four points, in terms of protecting the legitimate rights and interests of enterprises and institutions, enterprises and institutions shall not disclose their own business secrets. It sounds strange, but it is not uncommon in practice. In order to publicize, enterprises and institutions often preemptively release their technological breakthroughs, new research and development results or new products. With the release of content, it may result in the inability to apply for patents or related research and development results/commercial information. Can not be protected as trade secrets.
Content Review from the Perspective of 4. Advertising Law
In many cases, the publicity documents of enterprises and institutions involve the publicity and promotion of enterprises and products. At this time, the publicity documents are subject to the regulation of the Advertising Law. In order to avoid risks, combined with the common situation of external publicity, the following points should be paid attention:
1. The published content shall be true and objective, and shall not contain false or misleading content.
2. In the process of promoting enterprises or products, terms such as "national level", "highest level" and "best" shall not be used.
3. In the process of promoting enterprises or products, there shall be no direct or disguised content that belittles peers.
5. Summary
In order to avoid infringement, all legal or minor editors must pay attention when publicizing: first, the contents of pictures, texts, audio and video should be determined to be original or have legal sources; Secondly, the relevant content does not infringe other legitimate rights and interests of others, such as portrait rights; Third, the content that is not authorized but needs to be displayed can be quoted in a reasonable and small amount and the source can be indicated. For the relevant content that cannot be quoted in a reasonable and small amount, you can jump directly to the original web page/website of the right holder by making links; fourth, the content is true and objective, avoiding terms such as "national", "highest", and "best.
For the published content, after the above review can avoid the vast majority of illegal or infringement risk. Since the vast majority of the publicity does not involve special laws such as patent law, this article will not be expanded on and may be detailed in a subsequent series of articles if necessary. This article can be used as a reference for enterprises and institutions to publish self-examination publicity materials through their own publicity channels.
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