Is it illegal for Tik Tok to use stars?

Is it illegal for Tik Tok to use celebrity photos?

Is it illegal for Tik Tok to use celebrity photos? Nowadays, many people almost have Tik Tok APP on their mobile phones, and everyone will often use Tik Tok. More and more people join short video platforms, among which Tik Tok has a large number of people, but Tik Tok has many regulations. So will Tik Tok use star photos in violation of regulations?

Is it illegal to use celebrity photos in Tik Tok? Tik Tok 1 Whether it is illegal to use photos of celebrities depends on the specific situation.

Whether online photos are identified as infringement mainly depends on whether there are the following behaviors:

1, directly use the search engine to grab pictures, and there is no famous source and author.

2. Forward the pictures that the author explicitly stated that reprinting is prohibited.

3. Secondary processing or use of the picture without the consent of the original author.

4. Commercialize the picture without the author's consent.

5. Share in violation of the clear sharing rules of the photo sharing website.

Illegal acts are also called "invalid acts". An illegal act. Acts that violate the law. Different from the objective illegal behavior, the actor is subjectively at fault when carrying out the behavior, thus infringing on the social relations protected by law. Subjective fault refers to the subjective state of intention or negligence.

According to the nature of illegality, illegal acts can be divided into criminal violations, civil violations, economic violations and administrative violations. According to the degree of harm to society, illegal acts can be divided into general illegal acts and serious illegal acts (crimes).

The concept of illegality has broad and narrow meanings. In a broad sense, illegality refers to all acts that violate the existing laws, including general illegal acts and criminal acts. In a narrow sense, illegality refers to a serious violation of the law but does not constitute a crime. What we are discussing here is illegality in a broad sense.

The connection between illegality and crime is that crime must be illegal, and illegality is not necessarily a crime. The difference is that the degree of social harm of crime is more serious than that of illegal behavior. Most criminal acts bear criminal responsibility, while illegal acts bear administrative or civil responsibility.

There is a difference between illegal behavior and other behaviors. First of all, illegal behavior is different from immoral behavior. Many illegal acts are both criminal and immoral. However, not all illegal acts are immoral. Similarly, some immoral acts do not constitute illegal acts.

Secondly, illegal acts are different from legally invalid acts. Of course, an illegal act can't produce the effective result that the perpetrator hoped when he committed the illegal act. However, it cannot be considered that all legally invalid acts are illegal. Although some legally invalid acts have no legal effect, they do not constitute illegality.

Article 165 of the Civil Law of People's Republic of China (PRC) stipulates that if the actor infringes upon the civil rights and interests of others due to his fault, causing damage, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Is it illegal for Tik Tok to use photos of celebrities? Before the civil code era.

Before the formal implementation of the civil code, the general principles of civil law in China are still valid.

Article 100 of the General Principles of Civil Law clearly stipulates the right to portrait: citizens have the right to portrait, and their portraits may not be used for profit without their consent.

This provision is very clear, and infringement of portrait rights must have the elements of "for profit". Of course, this does not mean that only the result of profit is considered infringement, but as long as there is a subjective profit purpose, whether it is actually profitable or not, it is considered infringement.

For most people, social platforms use celebrity avatars. Just like this star, there is no "for-profit" use. Therefore, in this case, most of them do not infringe on celebrity portrait rights.

Second, the era of civil code

After the official implementation of the Civil Code, there are more detailed provisions on the right to portrait.

(1) Content of portrait right

Article 10 18 of the Civil Code stipulates the contents of portrait rights, including the right to make and the right to use (use, make public or permit others to use).

(2) Determination of infringement

The Civil Code has abolished the element of "for profit" which infringes on the right of portrait, and expanded the protection of citizens' right of portrait. As long as the act of making and using portraits as stipulated in Article 10 18 of the Civil Code is carried out without the consent of the portrait holder, it means that the spiritual or economic interests enjoyed by the portrait holder are infringed, which constitutes portrait infringement.

(3) the system of fair use

If in this society, as long as we use other people's portraits, we must get other people's consent, otherwise it will be infringed, then not only we but also the portrait owners will collapse.

In fact, the right of portrait is not only of great significance to the right holder of portrait, but also of great value to others and even the whole society. In some situations, it is inevitable to use other people's portraits, such as taking pictures in public, and it is inevitable to take pictures of others, but it is impossible to need other people's permission every time. Therefore, it is necessary to set some exceptions, which is the fair use system.

Item 5 of Article 1020 of the Civil Code stipulates: other acts of making, using and publicizing portraits in order to safeguard public interests or the legitimate rights and interests of portrait owners.

This item is a catch-all clause. As long as the purpose of "safeguarding public interests" or "legitimate rights and interests of portrait owners" is met, the production and use of portraits of others will not infringe on the portrait rights of others. Item 1020 1-4 of Article/kloc-0 lists four kinds of fair use behaviors in detail, which do not infringe on the portrait rights of others.

The use of celebrity avatars by netizens on social platforms is actually a kind of respect for celebrities. Because I like it, I will use Ta as my avatar. The enumeration in Article 1020 of the Civil Code makes the reasonable use in Article 1 include "personal learning and artistic appreciation".

I think the use of celebrity avatars on social platforms is essentially an appreciation, not an infringement. Of course, this avatar must be published online. If you take a photo of a star as your avatar, that's another matter.

Is it illegal for Tik Tok to use celebrity photos? 3 Tik Tok violation list

1. Any topic or vocabulary involving * * * and political content is illegal.

2. Pornography and vulgarity

Including but not limited to human and animal sexual behaviors and simulated sexual behaviors and postures, sexual suggestive behaviors such as breasts and buttocks, as well as pornographic and vulgar content such as self-made candid photos, bathing and undressing, are illegal.

3. Bloody+illegal content

It is illegal for social news to be bloody, cruel and vengeful. Cold weapons, controlled knives and guns in the video are illegal.

4. If you violate the ban.

In Tik Tok, many words are not allowed to be used at will. Especially the vibrato video, there are many restrictions on vocabulary. It may cause some concern because of the violation of the text, resulting in the failure of video review, or the dou+ cannot be transmitted to the video.

Unique words, unique words, national, gold medal, tick, unique, absolute limit, and words that cannot be determined at any time at this time, and so on.

5. It is illegal to falsely promote content.

Short videos can add a shopping cart to Tik Tok, but it is forbidden to publish some false advertising content. Including but not limited to: (spring) medical advertisements, zodiac divination, WeChat promotion, business celebrity promotion, etc.

6. Diversion of third-party platforms

Vibrato Short Video is an independent platform, and WeChat, QQ and Weibo belong to different systems. Therefore, it is illegal to switch to other platforms in Tik Tok, and it is easy to be restricted or even closed by the system.

For example, if you leave a WeChat QR code or a WeChat signal in a video or personal introduction signature, the system will judge it as a marketing number or a spam number, ranging from reduced authority to titles.