Are the emoticons used on social platforms prot...
“Works” mentioned in the Copyright Law shall include works of literature, art, natural science, social science, engineering technology and the like made in the following forms: (1) written works; (2) oral works; (3) musical, dramatic, quyi, choreographic and acrobatic art works; (4) works of fine art and architecture; (5) photographic works; (6) cinematographic works and works created in a way similar to cinematography; (7) drawings of engineering designs and product designs, maps, sketches and other graphic works as well as model works; (8) computer software, etc.
To judge whether emoticons are works protected by the Copyright Law of China, it should first be classif ied:(https://www.daowen.com)
Static expression: if it is a work of originality drawn by the author, it belongs to the “art work” category in the sense of Copyright Law; if it is a person or scene photo taken by the author, it belongs to the “photographic work” category in the sense of Copyright Law; if it is directly taken from a screenshot of a film or television work or video, this screenshot does not have originality and cannot constitute a “work” in the sense of Copyright Law; if it is adapted from the screenshots of existing film and television or cartoon works, but the works of originality have been created through adaptation, etc., they also constitute “art works”.
Dynamic expressions, depending on whether they meet originality standards, may constitute “cinematography and works created in a way similar to cinematography”.