Does Kingdoms Kill Game Infringes Olympic Champions’s Name Right?

By Albert Chen

To use famous person’s name as the game character could be deemed infringement? In recent, we found a case quarrelling in that dispute in China.

The popular online game Kingdoms Kill introduced Sun Yang and Ye Shiwen, the gold medal swimmer of China, as its game character with the upsurge of the recent closed international games. As stated by Bianfeng Company, the operator of the game, such virtualized figures would be withdrawn after August. Yet, on the other side, Ye’s father claimed they have make no license to Bianfeng on that game development. After reading the news, a question came up with me: is that infringing the rights of Sun and Ye? The following is my analysis:

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Introduction to 3rd Revision Draft of China Copyright Law

On the beginning of April 2012, the National Copyright Administration of China (NCAC) released the exposure draft for revision of China Copyright Law (the “Draft”) accompanied with the interpretations on the draft. Today, we are going to introduce you the revision. (the image is the cover of China Copyright Law)

 (I) the works

(1) The original “cinematographic works” is revised to the “audiovisual works”, and the original “video recording” is deleted which will be protected as the audiovisual works;

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