The recent lawsuit filed by singer Yang Kun against the internet celebrity group "Sichuan Fenda" (Li Mou and Jiang Mou) over copyright infringement has sparked widespread public attention. This controversy not only highlights the clash between celebrities and influencers, but also exposes legal challenges in protecting reputation rights and name rights in the digital age. As legal professionals, we have a responsibility to thoroughly analyze this case and clarify the key legal aspects for the public.
Event context mapping
Since October last year, "Sichuan Fenda" has been continuously posting imitation videos on major online platforms. In these videos, the duo deliberately replicated Yang Kuns mentor appearance from "Chinas Got Talent", frequently used the internet meme of "32 concerts" associated with Yang Kun, imitated his unique singing style and signature moves, and combined them with exaggerated and humorous performances, quickly attracting massive traffic. These videos were forcibly removed due to copyright infringement risks, and their accounts were temporarily banned. However, after being unblocked, "Sichuan Fenda" continued to post similar content. After this years Spring Festival, the duo received a summons from the Beijing Internet Court, with Yang Kuns lawsuit regarding online infringement liability scheduled to be heard in March. Yang Kuns claims include deleting infringing videos, issuing public apologies across multiple platforms, and compensation for emotional distress.
In-depth analysis of legal perspective
1. Right to reputation infringement
Article 1024 of the Civil Code explicitly grants civil subjects the right to reputation, strictly prohibiting any organization or individual from infringing upon others reputation through acts such as insults or defamation. Reputation, as societys comprehensive evaluation of an individuals moral character, prestige, abilities, and credibility, constitutes a vital component of personal dignity and is rigorously protected by law. Article 1027 further emphasizes that when literary or artistic works depict specific individuals with insulting or defamatory content, such acts constitute infringement of reputation rights, and the infringers shall bear civil liability in accordance with the law.
In the field of music, singer Yang Kun has formed a highly recognizable public image with his unique singing style, distinctive stage style and long-term accumulated works. A series of actions by "Sichuan Fenda" have been suspected of crossing the red line of infringement of reputation rights.
First, they marketed their video content by mimicking Yang Kuns voice. Member Li Mou adopted the highly similar online name "A Kun" (a phonetic imitation of Yang Kuns name), while the background featured commercial logos associated with Yang Kun. These elements inevitably led viewers to associate "Sichuan Fenda" with Yang Kun during video viewing, fulfilling the crucial criterion of "specific identification" required for defamation claims.
Secondly, the creation of "Sichuan Fenda" is rife with vulgar and degrading elements. In song adaptations, lyrics were ed to include offensive phrases "throwing poop," completely distorting the artistic essence of Yang Kuns original work. During performances, exaggerated physical movements such as "butt-pouting" and "gear-clanging" were incorporated, creating absurd and comical portrayals through mocking and vulgar means. This creative approach misleads public perception of Yang Kun through degrading and humiliating tactics, diminishing his social standing and reputation. Particularly damaging to his musical talent and industry prestige, this behavior aligns with the legal criteria for defamation and slander in defamation rights infringement.
2. Determination of portrait right infringement
According to Article 1019 of the Civil Code, no organization or individual may infringe upon anothers right of portrait through defamatory or defiling means, or by forging using information technology. Without the consent of the portrait right holder, no one may produce, use, or publicly disclose the holders portrait, except as otherwise provided by law. A portrait is not limited to photographs or videos but also includes any external image that can identify a specific natural person through various forms of presentation.
Sichuan Fendas imitation of Yang Kun is suspected of obvious infringement of portrait rights. On one hand, the two individuals deliberately replicated Yang Kuns mentor appearance in "Chinas Got Talent", from wearing similar costumes and imitating signature hairstyles to recreating iconic stage poses. These external visual characteristics are highly recognizable, sufficient to closely associate the public with Yang Kun. Throughout this process, there is no evidence indicating that they obtained Yang Kuns consent or authorization for using his image features, preliminarily meeting the circumstances of "use of portrait without consent" in portrait rights infringement.
On the other hand, "Sichuan Fenda" defamed and tarnished Yang Kuns image through exaggerated vulgar movements in the video and by ing song lyrics. Even without directly using Yang Kuns photos or footage, such actions still constitute infringement of his portrait rights. According to legal provisions, any act of defaming or damaging another persons portrait—regardless of whether its for profit—is considered an infringement.
3. Risk of copyright infringement
Copyright is based on literary, artistic and scientific works, which grant special rights to civil subjects. If Sichuan Fenda publishes the adapted works based on the original song of Yang Kun, it may infringe the copyright rights such as adaptation right and information network dissemination right enjoyed by Yang Kun, and there is a risk of infringement.
Professional legal advice
In todays increasingly vibrant digital creative landscape, public figures face new challenges in protecting their reputation rights and name rights. For online creators, creative expression must adhere to legal boundaries while maintaining entertainment and satire within lawful and reasonable limits, avoiding attention-seeking through infringement methods insults or defamation. When their rights are violated, public figures should promptly employ legal means to safeguard their legitimate interests. Only through collaborative efforts from all parties can we build a healthy and orderly online environment.
