off the field

　　Is "One Piece Hard to Find" infringing the homemade ice pier?

　　The Beijing Winter Olympics was held, and the mascot "Bing Dun Dun" became the top trend. Once it was put on the shelves, it was sold out instantly, and there was a situation of "hard to find a pier".

In order to have a ice pier, everyone showed their magical powers, found scalpers, asked friends and even started to make them by themselves.

However, some people spent a lot of money because of this, and they were blocked by scammers.

　　Winter Olympics mascot was fired 9 times higher price

　　The Winter Olympics mascot Bing Dun Dun is "hard to find", which has also spawned the scalper business, and even fetched a price that is 9 times higher than the original price.

Beijing Youth Daily reporters contacted a number of scalpers in the name of buying Bingdundun. They said that the official price of the 20cm Bingdundun plush toy is less than 200 yuan, and now it will cost 2,000 yuan from them.

　　On February 8, Beijing Dongcheng police reported that three people had been given administrative penalties for reselling "Bingdundun" at a high price in designated sales outlets and other places, making illegal profits and disrupting the normal purchase order.

　　In addition, according to Ningbo police, on the afternoon of February 7, Xiao Yang, who lives in Fuming Street, Yinzhou District, Ningbo, Zhejiang called the police and said that he had been recommended by his classmates to add a man who claimed to have many Bingdun piers on WeChat. Yuan price transaction.

But I didn't expect that after the transfer, Xiao Yang was blocked by the other party.

　　Fancy Homemade "BingdunDun"

　　Fair use is allowed

　　How to have one's own "ice pier" when "one pier is hard to find"?

Many talented netizens have found another way, picking up materials and tools to realize "Bingdundun freedom" by themselves, such as snowman "Bingdundun", cartoon hand-painted "Bingdundun", Huamo "Bingdundun", plasticine "Bingdundun", "Bingdundun" glutinous rice balls, paper-cut "Bingdundun", woolen yarn "Bingdundun", sugar man "Bingdundun", emoticons...

　　So, will these folk-made "Bing Dun Dun" and "Xue Rong Rong" actually cause infringement?

Zhang Xiaobin, a lawyer from Beijing Zhilin Law Firm, said that fair use in accordance with the Copyright Law is permitted.

　　Lawyer Zhang Xiaobin further explained that if you use the works published by others for personal study, research or appreciation, you may not get permission from the copyright owner and pay them no remuneration, but you should specify the author's name or title and the title of the work, and must not affect the copyright owner's work. The normal use of the work also has to reasonably damage the legitimate rights and interests of the copyright owner. "If there is no commercial sale, these self-made items do not constitute infringement, but if they are engaged in commercial sales for profit, they constitute infringement. However, online production, Dissemination of relevant emojis, even if no fees are charged, strictly speaking, unauthorized use is still an infringement.”

　　Lawyer Zhang Xiaobin said that if it constitutes an infringement, he should bear corresponding civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances of the infringement.

　　Beware of these four types of scams

　　At present, the police in many places have issued reminders that the licensed products of the Beijing Winter Olympics will continue to be sold at least until the end of June 2022. At present, active measures have been coordinated to promote production, and there will be a steady supply of "BingdunDun" to the market.

Do not buy at high prices from "scalpers" to avoid financial losses.

　　At the same time, it is also pointed out that there are four types of frauds to be vigilant about: the first type, fraudulent fake Winter Olympics official website.

The second category is to initiate false winning information in the name of the enterprise.

The third category is false Olympic fundraising fraud.

The fourth category is "red envelopes" for celebration.

In fact, these scams are easy to find. I hope everyone can stay awake and do not easily disclose personal information to avoid property damage.

　　Text / reporter Song Xia

　　Coordinator/Zhang Bin