Analysis Of The Infringement Of Emoticons Of Public Figures

With the development of social platforms,emojis are widely used in the daily communication of netizens and become the best choice for netizens to express their immediate emotions.Under this big background,for production,increase of dispute over infringement of expression package,especially the public figure to a wide audience,high heat topic group to be the main body of the infringed,they mainly faced with crisis of violations such as image rights,reputation,and public figures expression of bag maker might infringe on the original works of the copyright problem.In this paper,the case of "ge you lie" is used as a wedge to draw a legal analysis of the infringement of the right of portrait of public figures in the emojis.Without the consent of portrait owners,the production and use of the emojis of public figures,whether for profit or not,may constitute infringement of the right of portrait.The infringement of the right of portrait by emojis is not for the purpose of making profit,but for the purpose of making profit.Making,using,or tarnishing others’ portraits in bad faith may infringe the right of portrait of the public figure.The legal analysis of the right of reputation in the emojis of public figures is drawn from the case of wang sicong and hua qiangfang’s weibo abuse battle.If the emojis containing insult and slander are produced and posted by users,the public figure will be laughed at and scorned by the society,thus lowering its social evaluation,it may violate its right of reputation.The re-creation of a series of emojis based on the original works of public figures may constitute a violation of the copyright of the original works if they meet the "originality" standard and become works without the consent of the original author.However,the more the original works conform to the "conversion use",the more likely they are to constitute a reasonable use.