Legal Question in Intellectual Property in China

The company I work for is a mobile app that creates personalized caricatures. The 2 questions I wanted to ask are the following.

1) Is sharing/using a caricature of a celebrity's face legal?

2) Is sharing a caricature of a photo that a celebrity published on social media legal.

The caricatures I am referring to are typically like this:

https://facebook.momentcamofficial.com/Facebook/HTML/9ce689bb-8815-47b2-bd02-1d142f4390c0.html?v=9880136

What are the rules?

Thank you,

Filipe


Asked on 12/25/14, 7:46 pm

1 Answer from Attorneys

1) Sharing a caricature of a celebrity

If the webpage of that caricature allows people to share, then it's not illegal;

If the webpage of that caricature disallows people to share, but hacking it, then either the hacking or the sharing is illegal.

2) using a caricature without consent is illegal. So, having a consent or approve will be a guarantee of a legal use.

3) sharing a caricature of a photo that a celebrity published on social media

The answer is the same to point 1) here.

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Answered on 12/28/14, 7:31 pm


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