Blockchain KOL Civil Legal Risks and Lightning Protection Guide
Author of this article: Lawyer Zhou Fengxuan - Senior Lawyer at Shanghai Mankiw Law Firm
With the rapid development of blockchain technology, there are more and more friends engaged in the blockchain self-media and KOL industry, and their influence is increasing day by day. In this moment full of opportunities and challenges, blockchain self-media and KOLs shoulder the responsibility of leading the healthy development of the industry. In view of this, this article will explore how blockchain self-media and KOL can reasonably use blockchain technology, data and information, and how to avoid infringing on others’ intellectual property rights, privacy rights and reputation rights during the use process.
01 Blockchain KOL
Since Mankiw has focused on Web3.0, we have gotten to know many self-media and KOLs in the blockchain industry through our online live broadcast on Wednesdays, afternoon tea on Fridays and other ways. We have always believed that blockchain will Media and KOL are important forces in the blockchain industry.
First of all, KOL has a certain understanding of the blockchain industry, mainly because the blockchain industry involves knowledge in mathematics, finance, currency, cryptography and other professional fields. For ordinary people who have just entered the circle or want to join the circle, For users and players, it is really quite unfamiliar. This requires roles like KOL to lead more users (players) to understand this industry. This is also an important reason why KOL has a place in the blockchain industry.
In short, in the blockchain industry, KOLs usually have expertise and influence in certain specific fields, such as investment, technology, cryptocurrency, etc. By sharing their insights, analysis and comments, they help the public understand and master blockchain technology and applications, while also bringing more exposure and influence to brand or product promotion. The most intuitive manifestation of the influence of blockchain KOLs may be the number of fans. Therefore, blockchain project parties often invite KOLs in the industry to promote their websites, call orders, teach, publish articles, and live broadcasts.
Several related groups derived from KOL include the following:
For example, KOS (Key Opinion Spreader), KOS is more hidden in certain private areas, such as Moments, communities, post bars, forums, etc. Experts in a certain vertical field may not have as many fans as KOLs, but they have the ability to lead the trend of a certain circle. For example, car enthusiasts are keen to use various new mobile phone reviews to help brands accurately reach target users.
Such as KOC: (Key Opinion Consumer key opinion consumer). KOC exists around us and is a group that is keen to share all kinds of good things, but they are not limited to a certain product or category. Compared with KOLs that are highly commercialized, KOCs exhibit weak marketing and simply influence the consumption decisions of similar groups.
KOL\KOS\KOC are all products of the development of the fan economy. They may originally appear in traditional industries and fields. The spread of the fan economy has pushed these groups into the web3.0 industry. Judging from the current situation, the same applies. The biggest difference between them may be that the number or scope of users they target is inconsistent, but they can all achieve the effect of bringing more exposure and influence to the promotion of brands or products. Today, let’s count the role of blockchain personal self-media in daily business Some civil legal risks that may arise under the model.
02 Risk of infringement of other people’s portrait rights and intellectual property rights
For example: On the Xiaohongshu platform, Lawyer Zhou paid attention to a KOL who specializes in introducing NFT. In the short video he released, he introduced Yao Ming’s beginning to dabble in red wine NFT, as well as Jay Chou and his digital collection. He introduced the previous events simultaneously. I posted photos of Yao Ming and Jay Chou. Does this constitute infringement?
After searching the public intellectual property infringement cases, if we want to say that it is clearly infringement by KOLs in the blockchain industry, there are not many, but we can get some inspiration from the referees in traditional industries.
Chen Qiaoen was sued by Chen Qiaoen in court for using one of her pictures in a service soft article on his WeChat public account. The Jiangyin court ordered the mall to compensate for economic losses and rights protection fees.
The court held that: All citizens enjoy the right of portrait, and whether the right of portrait is infringed should meet three constituent elements.
The first is the act of using portraits.
The second is whether it has the consent of the person, and the third is whether it is for profit. In this case, the mall infringed on Chen Qiaoens right of portrait. First, Chen Qiaoens photo was used in the article posted on the malls WeChat public account, so the mall should be the user of the photo. Second, the malls use of Chen Qiaoens photo did not go through Chen Qiaoens approval. my consent;
Third, the purpose of the mall publishing this article was to promote the Belle womens shoes sold in the mall. It wanted to use Chen Qiaoens popularity to increase the attention of Belle womens shoes and attract customers. It was obviously for profit. Therefore, the court finally found that the shopping mall infringed Chen Qiaoens image rights.
When blockchain KOLs use other peoples background music, artwork, proprietary fonts, short video templates, etc., if they are not authorized or used legally, they may be regarded as infringing on other peoples intellectual property rights, and thus face the risk of infringement liability. .
Lightning Protection Guide
WeChat official accounts, video accounts, Xiaohongshu, Douyin and other platforms have become important platforms for releasing information. As a member of the self-media industry, KOL should be responsible for the authenticity of the information released. When the information released violates the principle of authenticity, When infringing upon the private rights and interests of others, it may constitute infringement.
Therefore, when publishing videos, pictures and articles, Lawyer Zhou reminds: If you publish information in your own name, you must ensure that the article does not contain plagiarism. The source of the picture is legal. If you are reprinting other peoples articles, you should also You must obtain the consent of others and indicate the word reprint. You cannot publish other peoples articles directly in your own name.
It is recommended that blockchain KOLs respect the intellectual property rights and portrait rights of others and avoid unauthorized use of other people’s original articles, pictures, videos, etc. If you need to use other peoples works or photos, you should first obtain legal authorization or indicate the source of the work.
03 Risk of infringing on other people’s reputation rights
For example: a blockchain self-media (or KOL) published a review article involving a company and its products, which used overly intense and untrue words, causing a negative impact on the companys reputation and image. . The article was widely circulated on We-Media and aroused public attention and discussion. The blockchain self-media (or KOL) has infringed on the companys reputation and may bear corresponding civil legal liabilities.
Legal basis: Paragraph 1 of Article 1165 of the Civil Code of the Peoples Republic of China stipulates that if an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability.
Lightning Protection Guide
It is recommended that blockchain self-media authors (or KOLs) should be objective, truthful, and accurate when publishing articles, and must not distort facts, fabricate lies, or infringe on the reputation rights of others. At the same time, it is recommended that blockchain self-media platforms establish a fact review mechanism to conduct strict fact checks on published articles to prevent false statements and infringement of the reputation rights of others.
04 Lawyer Mankiw summarizes for you
(1) Risk prevention of infringement of other people’s intellectual property rights: It is recommended that blockchain self-media authors respect the intellectual property rights of others and avoid unauthorized use of other people’s original articles, pictures, videos, etc. If you need to use other peoples intellectual property works, you should first obtain legal authorization or indicate the source of the work.
(2) Risk prevention of infringing on others’ privacy rights (illegal collection of users’ personal information): It is recommended that blockchain self-media platforms fully inform users of the scope and methods of collecting, using, and protecting personal information before collecting users’ personal information, and obtain user explicit consent; in addition, to prevent personal information from being leaked or misused
(3) Risk prevention of infringement of other people’s reputation rights: It is recommended that blockchain self-media and KOL should be objective, truthful and accurate when publishing articles, and avoid distorting facts. It is recommended that blockchain self-media platforms establish a fact review mechanism to conduct strict fact checks on published articles.
The legal risks of blockchain self-media and KOL are actually hidden in all aspects of daily work. In view of this, Lawyer Mankiw has begun a series of targeted sharing of relevant legal risks in the industry, including criminal, civil and administrative aspects. , I hope that blockchain self-media and KOL friends can benefit and provide support for you to win the trust of readers and players in the future. I also hope that this can promote the health of Web3.0 and related self-media and KOL industries. develop.
Special statement:
This article is an original article by Shanghai Mankiw Law Firm. It only represents the personal views of the author of this article and does not constitute legal consultation or legal opinions on specific matters. If you need to reprint the article, please contact Mankun Law Firm staff: MankunLawFirm
