DIY star tags are involved in infringement?! Overlord tea lady turns off cup paste printing function

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click on the attention| Daily Boutique Coffee Culture Magazine Coffee Workshop

Recently, many netizens have posted milk tea cup stickers with Bawang Tea Lady printed with celebrity artists such as Zhang Linghe. Relevant content has been swiped on social platforms, attracting widespread attention.

It is reported that this year, the King Tea Lady of the Beginning of Spring launched the "Heavenly Horse Race·New Year's Blessing" activity, which launched a free printing function for customized cup stickers on Mini programs. Users can use templates, simple hand-painted and other forms to make exclusive cup stickers, and will print the black and white label on the milk tea cup.

In mid-March, officials upgraded this interesting DIY cup sticker printing function, allowing users to upload pictures themselves and print them into tags. After the function upgrade, some users discovered that by uploading celebrity photos on the computer through third-party workshop software and then using the friend sharing function to obtain the digital code, they can bypass platform review and realize celebrity photo cup paste printing.

Therefore, fans use the printing strategies shared on the platform to use this DIY cup sticker printing function when ordering tea drinks in Mini programs to obtain cup stickers with photos of their favorite stars at low cost. Some passers-by who did not know the truth saw relevant posts and once misunderstood that some stars and the Overlord Tea Lady had jointly collaborated, which triggered a lot of discussions on the Internet.

However, in recent days, some consumers have reported that after placing orders through Mini programs, the uploaded celebrity photos could not be printed due to review failure. After asking the store staff, they were told that the store had received a notice that DIY cup stickers prohibited the printing of real people and anime portraits, and only official materials or hand-painted patterns were allowed.

This morning, many users opened the official Mini programs and found that the interface showed "Custom blessings are being upgraded." The sudden change caught many fans who had not yet printed to their exclusive cup stickers as expected. They were particularly puzzled why the Overlord Tea Girl suddenly turned off the cup sticker printing function.

In response, some netizens pointed out that the customized blessing function page of the Overlord Tea Lady clearly states that uploading content that infringes on other people's portrait rights, copyright and other content is prohibited. However, most of the original photos of stars uploaded by fans through third-party tools are from professional photographers and are protected photography. Making them into cup stickers may be suspected of infringement.

Moreover, the behavior of some people purchasing one cup of drink but asking to print dozens of cup stickers will occupy the receipt printer in the store and affect the normal operation of the store. Only then did the official suspend the cup sticker printing function.

Lawyers also pointed out that if fans only print photos of celebrities for personal collection, it generally does not constitute infringement within the scope of reasonable use, but there is still a slight risk of infringement if copying photographic works without authorization. However, if these labels are used for dissemination, exchange, and sale, they exceed reasonable boundaries and constitute clear infringement. Second-hand platform merchants selling diy star stickers not only infringe on the celebrity portrait rights, but also infringe on the photographer's copyright, and must bear responsibilities such as stopping the infringement and compensating for losses.

In addition, lawyers said that it would be difficult for Bawang Tea Lady, who launched the cup sticker printing function, to be completely exempted from liability. Although the platform has prohibitive clauses, it has not established an effective review mechanism to allow users to upload infringing content through third-party tools and gain commercial traffic and revenue. According to the relevant provisions of the Civil Code, if a star holds responsibility, the brand may bear joint and several liability for failing to fulfill its management obligations.

Picture from: Internet

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