China Naming Network - Auspicious day query - Is it illegal to use an ice pier as an avatar?

Is it illegal to use an ice pier as an avatar?

It is not illegal to use the ice pier as a portrait for profit. The Olympic mascot "Ice Shield" belongs to the "Olympic symbol", and its owner is determined by the International Olympic Committee, the Chinese Olympic Committee, the organizations applying for hosting the Olympic Games in China and the organizations hosting the Olympic Games in China according to the Olympic Charter and the relevant contracts of the host city of the Olympic Games. The obligee has the exclusive right to the Olympic mascot "Ice Shield", and no one may use it for commercial purposes without permission. Self-made behaviors are in line with personal learning, appreciation or avatar research purposes, such as imitating patterns woven on personal WeChat products such as scarves and gloves, just for appreciation or free use; Or newspapers, periodicals, radio stations, WeChat, TV stations and other media use this image when reporting news, which usually does not harm the legitimate rights and interests of copyright owners and does not constitute copyright infringement.

If it is sold after mass carving or mass painting, it may constitute an infringement of the intellectual property rights of the ice pier, or it will bear corresponding legal responsibilities.

While protecting intellectual property rights, the law also makes some restrictions, that is, under certain conditions, it allows the use of works without the permission of the right holder. Article 24 of China's Copyright Law lists four situations in which 12 can constitute "fair use" and which are most related to the use of "ice mound":

One is personal use, that is, using the published works of others for personal study, research or appreciation;

Second, it is used for current news reporting, that is, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media;

Third, it is used for classroom teaching and scientific research, that is, adapting, compiling, playing or copying a few published works for teaching or scientific research, but not publishing them;

The fourth is the official use of state organs, that is, the state organs use published works within a reasonable range in order to perform official duties.

Legal basis:

"Regulations on the Protection of the Olympic Symbol" Article 5 The term "commercial use" as mentioned in these Regulations refers to the use of the Olympic Symbol for the purpose of making profits in the following ways: (1) using the Olympic Symbol in commodities, commodity packaging or containers or commodity trading documents; (two) the use of Olympic symbols in service projects; (3) using the Olympic symbols in advertisements, commercial exhibitions, commercial performances and other commercial activities; (4) selling, importing and exporting commodities with Olympic symbols; (5) manufacturing or selling Olympic symbols; (6) Other acts of profiting from the Olympic symbols.