This article will explore how blockchain self-media and KOLs can reasonably use blockchain technology, data, and information, and how to avoid infringing on others' intellectual property, privacy, and reputation rights in the process of utilization.

Author: Zhou Fengxuan, Senior Lawyer at Shanghai Mankun Law Firm

With the rapid development of blockchain technology, there are more and more friends engaged in the blockchain self-media and KOL industries, and their influence is increasing. In this current environment 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 KOLs can reasonably use blockchain technology, data, and information, and how to avoid infringing on others' intellectual property, privacy, and reputation rights in the process of utilization.

01 Blockchain KOL

Since focusing on Web3.0, Mankun has connected with many self-media and KOLs in the blockchain industry through our online live broadcasts on Wednesdays, afternoon teas on Fridays, and other means. We have always believed that blockchain self-media and KOLs are important forces in the blockchain industry.

First of all, KOLs have a certain understanding of the blockchain industry, mainly because the blockchain industry involves knowledge in professional fields such as mathematics, finance, currency, and cryptography. For ordinary users and players who are new to the industry or want to enter it, it can be quite esoteric, which is why roles like KOLs are needed to lead more users (players) to understand this industry. This is also why KOLs have an important place in the blockchain industry.

In the blockchain industry, KOLs usually have expertise and influence in certain specific areas, such as investment, technology, cryptocurrencies, and more. They help the public understand and master blockchain technology and applications through sharing their insights, analysis, and comments, while also bringing more exposure and influence to brand or product promotion. The most direct manifestation of the influence of blockchain KOLs may be the number of fans, so blockchain projects often invite industry KOLs to promote, endorse, teach, post, and live broadcast to boost their projects.

Several related groups derived from KOLs include:

• KOS (Key Opinion Spreader): KOS is more hidden in certain private domains, such as WeChat Moments, communities, forums, etc. A certain vertical field expert, whose fan base may not be as large as KOLs, but has the ability to lead a certain circle of trends. For example, car enthusiasts, enthusiasts of various new phone reviews, helping brands accurately reach target users.

• KOC (Key Opinion Consumer): KOC exists around us, a group keen on sharing various good things, but they are not limited to a specific product or category. Compared to the more commercialized KOLs, KOC shows weaker marketing characteristics, only influencing the collective consumption decision-making plans of similar groups.

KOLs, KOS, and KOC are all products of the development of fan economy, which may have originally been concentrated in traditional industries and fields. The spread of the fan economy has pushed these groups into the web3.0 industry, and it seems to be equally applicable at present. Their biggest difference may be the number or category of users they target, but they can all achieve the effect of bringing more exposure and influence to brands or products. Today, let's take a look at some civil legal risks that may arise in the daily business models of blockchain personal self-media.

02 Risks of Infringing on Others' Portrait Rights and Intellectual Property

For example: On the Xiaohongshu platform, Lawyer Zhou noticed a KOL who specializes in introducing NFTs. In a short video he posted, there were introductions about Yao Ming starting to dabble in red wine NFTs, as well as Jay Chou and his digital collections. When introducing the previous events, photos of Yao Ming and Jay Chou were posted simultaneously. Does this situation constitute infringement?

After searching for public cases of intellectual property infringement, there are not many clear cases of infringement by blockchain industry KOLs, but we can gain some inspiration from judgments in traditional industries.

Chen Qiaoen once sued a shopping mall in Jiangyin because her picture was used in a service advertorial on WeChat public account. Jiangyin Court ruled that the mall should compensate for economic losses and rights protection costs.

The court believed that citizens have the right to their portraits, and whether the portrait right is infringed should meet three elements.

First, there must be an act of using the portrait.

Second, whether it was done with the person's consent, and third, whether it was for profit. In this case, the mall constituted an infringement of Chen Qiaoen's portrait rights. First, the mall's WeChat public account used Chen Qiaoen's photo in the article, so the mall should be the user of the photo. Second, the mall used Chen Qiaoen's photo without her consent. Third, the purpose of the mall's article was to promote the sale of Belle women's shoes in the mall, intending to use Chen Qiaoen's popularity to increase the attention to Belle women's shoes and attract customers, which is clearly for profit. Therefore, the court ultimately determined that the mall had infringed Chen Qiaoen's portrait rights.

Blockchain KOLs may face the risk of infringing on others' intellectual property if they use others' background music, artwork, proprietary fonts, short video templates, etc., without authorization or legal use.

Precautionary Measures

WeChat public accounts, video platforms, Xiaohongshu, Douyin, and other platforms have become important platforms for publishing information. As a member of the self-media industry, KOLs should be responsible for the authenticity of the information they publish. When the information they publish violates the principle of authenticity and infringes on others' private legal rights, it may constitute infringement.

Therefore, when publishing videos, images, and articles, Lawyer Zhou reminds: If the information is published in one's own name, ensure that there is no plagiarism in the article, and that the source of the images is legal. If it is a repost of someone else's article, it should also be done with the other person's consent and marked with the word "repost," and others' articles should not be directly published in one's own name.

It is recommended that blockchain KOLs respect others' intellectual property and portrait rights, and avoid using others' original articles, images, videos, etc., without authorization. If there is a need to use others' works or photos, they should first obtain legal authorization or indicate the source of the work.

03 Risks of Infringing on Others' Reputation Rights

For example: A certain blockchain self-media (or KOL) published a commentary article involving a company and its products, using overly intense and untrue language, which negatively impacted the company's reputation and image. The article was widely spread on self-media, attracting public attention and discussion. The blockchain self-media (or KOL) infringed on the company's reputation rights and may bear corresponding civil legal responsibilities.

Legal basis: Article 1165, paragraph 1 of the Civil Code of the People's Republic of China stipulates that a person who causes harm to the civil rights of others due to a fault should bear tort liability.

Precautionary Measures

It is recommended that blockchain self-media authors (or KOLs) should be objective, truthful, and accurate when publishing articles, and should not distort facts or fabricate lies, nor infringe on others' reputation rights. At the same time, it is recommended that blockchain self-media platforms establish a fact-checking mechanism to rigorously verify the articles published, to prevent the occurrence of false statements and infringement of others' reputation rights.

04 Summary by Lawyer Mankun

(1) Precautions against the risk of infringing on others' intellectual property: It is recommended that blockchain self-media authors respect others' intellectual property and avoid using others' original articles, images, videos, etc., without authorization. If there is a need to use others' intellectual property works, they should first obtain legal authorization or indicate the source of the work.

(2) Precautions against the risk of infringing on others' privacy rights (illegally collecting 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 user personal information, and obtain explicit consent from users; in addition, prevent the leakage or abuse of personal information.

(3) Precautions against the risk of infringing on others' reputation rights: It is recommended that blockchain self-media and KOLs be objective, truthful, and accurate when publishing articles, and avoid distorting facts. It is also recommended that blockchain self-media platforms establish a fact-checking mechanism to rigorously verify the articles published.

The legal risks of blockchain self-media and KOLs are hidden in various aspects of their daily work. In view of this, Lawyer Mankun has begun to share targeted information on legal risks in the industry, including criminal, civil, and administrative aspects. It is hoped that friends in the blockchain self-media and KOL industries can benefit from this, support the trust of readers and players, and promote the healthy development of the Web3.0 and related self-media and KOL industries.

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