Author: Zhou Fengxuan, a senior lawyer at Shanghai Mankiw Law Firm

With the rapid development of blockchain technology, more and more people are engaged in the blockchain self-media and KOL industry, and their influence is growing. In this era 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 rights, privacy rights and reputation rights in the process of use.

01 Blockchain KOL

Since Mankiw focused on Web3.0, he has met many self-media and KOLs in the blockchain industry through our Wednesday online live broadcast, Friday afternoon tea and other means. We have always believed that blockchain self-media and KOLs are an important force in the blockchain industry.

First of all, KOL has a certain understanding of the blockchain industry. This is mainly because the blockchain industry involves knowledge in professional fields such as mathematics, finance, monetary science, cryptography, etc. For ordinary users and players who have just entered or want to enter the circle, it is really quite unfamiliar. This requires a role like KOL to lead more users (players) to recognize 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. They help the public understand and master blockchain technology and applications by sharing their insights, analysis and comments, 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, so blockchain project parties often invite KOLs in the industry to promote their platforms, shout orders, teach, publish articles, and live broadcast.

Several related groups derived from KOL include the following:

For example, KOS (Key Opinion Spreader) is more hidden in some private domains, such as WeChat Moments, social groups, forums, etc. Experts in a certain vertical field may not have as many fans as KOLs, but they are capable of leading the trend of a certain circle. For example, car enthusiasts are keen on using various new mobile phone reviews to help brands accurately reach target users.

For example, KOC (Key Opinion Consumer). KOC exists around us. They are a group that is keen on sharing all kinds of good things, but they are not limited to a certain product or category. Compared with the more commercial KOL, KOC has weaker marketing and simply influences the consumption decision-making plans of similar groups.

KOL\KOS\KOC are all products of the development of the fan economy. They may have originally appeared in traditional industries and fields. The spread of the fan economy has pushed these groups into the web3.0 industry. As far as the current situation is concerned, the same is actually applicable. Their biggest difference may be the number or scope of users they face, but they can all achieve the effect of bringing more exposure and influence to the promotion of brands or products. Today, let's count some civil legal risks that may arise in the daily business model of blockchain personal self-media.

02 Risk of infringing others’ portrait rights and intellectual property rights

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

After searching public intellectual property infringement cases, there are indeed not many cases where infringement was clearly committed by KOLs in the blockchain industry. However, we can gain some inspiration from the judgments in traditional industries.

Chen Qiaoen once sued a shopping mall in Jiangyin because she used one of her pictures in a service article on a WeChat public account. The Jiangyin Court ordered the shopping mall to compensate for the economic losses and rights protection costs.

The court held that all citizens enjoy the right to their own image, and whether or not the right to their own image is violated must meet three constituent elements.

The first is to use the portrait.

Second, whether the person has given his or her consent, and third, whether the purpose is to make a profit. In this case, the mall has infringed Chen Qiaoen's portrait rights. First, the mall's WeChat official account used Chen Qiaoen's photos in the article published, so the mall should be the user of the photos; second, the mall used Chen Qiaoen's photos without Chen Qiaoen's consent;

Third, the purpose of the mall publishing the article was to promote the Belle women's shoes sold in the mall, hoping to use Chen Qiaoen's popularity to increase the attention of Belle women's shoes and attract customers, which was obviously for the purpose of profit. Therefore, the court finally determined that the mall violated Chen Qiaoen's portrait rights.

If blockchain KOLs use other people’s background music, artwork, proprietary fonts, short video templates, etc. without obtaining authorization or using them legally, it may be regarded as an infringement of others’ intellectual property rights and they may face the risk of liability for infringement.

Lightning Protection Guide

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

Therefore, when publishing videos, pictures and articles, Lawyer Zhou reminds: If the information is published under your own name, you must ensure that the article does not contain plagiarism and the source of the pictures is legal. If you are reprinting someone else's article, you should also obtain the consent of the other party and indicate the word "reprint". You cannot publish other people's articles directly under your own name.

It is recommended that blockchain KOLs respect the intellectual property rights and portrait rights of others and avoid using other people’s original articles, pictures, videos, etc. without authorization. If you need to use other people’s works or photos, you should first obtain legal authorization or indicate the source of the work.

03 Risk of infringing on others’ 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 company's reputation and image. The article was widely circulated on the self-media, attracting public attention and discussion. The blockchain self-media (or KOL) violated the company's reputation and may bear corresponding civil legal liability.

Legal basis: Article 1165, paragraph 1 of the Civil Code of the People's Republic of China stipulates that if a person infringes upon the civil rights and interests of others due to fault and causes damage, 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 should 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-checking mechanism to conduct strict fact-checking on published articles to prevent false statements and infringement of others' reputation rights.

04 Lawyer Mankiw summarizes for you

(1) Risk prevention of infringement of others’ intellectual property rights: It is recommended that blockchain self-media authors respect the intellectual property rights of others and avoid using others’ original articles, pictures, videos, etc. without authorization. If it is necessary to use others’ intellectual property works, legal authorization should be obtained first or the source of the work should be indicated.

(2) Risk prevention of infringing on the privacy rights of others (illegally collecting user 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 personal information, and obtain the user's explicit consent; in addition, prevent personal information from being leaked or abused.

(3) Risk prevention of infringement of others’ reputation rights: It is recommended that blockchain self-media and KOLs should be objective, truthful, and accurate when publishing articles, and avoid distorting facts. It is recommended that blockchain self-media platforms establish a fact-checking mechanism to conduct strict fact-checking 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, Attorney Mankiw has begun to share a series of relevant legal risks in the industry in a targeted manner, including criminal, civil and administrative aspects. We hope that blockchain self-media and KOL friends can benefit from it and provide support for friends to win the trust of readers and players in the future. We also hope that this will promote the healthy development of Web3.0 and related self-media and KOL industries.

Special statement:

This article is an original article from Shanghai Mankun Law Firm. It only represents the personal views of the author and does not constitute legal advice or legal opinions on specific matters. If you need to reprint the article, please contact Mankun Law Firm: