Liu Qiao, who is known as the "Umbrella Dad" by many netizens, has recently become the focus of the Internet because of a photo of himself soaking wet while holding an umbrella for his son.
Because this warm and humane back photo not only impressed many netizens, it also "impressed" many businesses. Therefore, many companies use this photo for advertising. Netizens mostly criticized this behavior verbally and in writing. In fact, if we think about it from another angle, why shouldn’t “Umbrella Dad” be advertised?
First of all, advertising on “Umbrella Dad” can enhance the influence of the product brand. The core of the image of "Umbrella Dad" is fatherly love, warmth, and deep human affection. This is the most touching element. Therefore, when designing advertising slogans, many merchants also closely connect with the connotation of the image of "Umbrella Dad" and launch their own product advertisements in exquisite and contagious language. Products are promoted to a wider market with the help of the image of "Umbrella Dad". This can be regarded as "Umbrella Dad"'s contribution to promoting the prosperity of the socialist market economy.
Secondly, the advertisement of "Umbrella Dad" can remind people that warmth is around, touching is around, and true love is around. Seeing this photo, we can feel the warmth of life, the touching family affection, and the greatness of father's love. In particular, after becoming an element in more product advertisements, the educational image of "umbrella dad" itself will also guide fathers to give more delicate care to their children and give their children a mountain of arms and care. At the same time, it also reminds children to remember their parents' kindness and always think about repaying their parents. Isn't this an indirect public service announcement?
In addition, advertising on "Umbrella Dad" can guide audiences to view life from a warm perspective. Life needs more sunshine and more positive factors, and such warm news can give people more guidance. Our lives should have less darkness of negative emotions and more light of such warmth. We often say that the light of fireflies can illuminate the world, not to mention such a well-known warm back photo?
Of course, it is now clear that these merchants and companies use the photos of "Umbrella Dad" directly for commercial marketing, which is suspected of constituting infringement. The "General Principles of the Civil Law" states: "Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit-making purposes without the consent of the individual." It can be seen that the necessary conditions for constituting infringement are "without the consent of the individual" and "for profit-making purposes." . That means that if the merchant obtains my consent when using the back photo, it is reasonable.
Obviously, the key to this incident is that the merchant did not obtain Liu Qiao’s consent. There may be two reasons: first, they are playing a side game, and they believe that the back photo is not within the scope of portrait rights; second, even if there is a dispute over portrait rights in the future, the hype of the incident will increase the visibility of their brand.
No matter what the reason is, things have developed to this point, which is something that both merchants and Liu Qiao must face head-on. At present, negotiating to resolve this matter is undoubtedly the best way. If the merchant takes the initiative to apologize for the infringement in this incident, and actively assumes corresponding responsibilities, and on this basis, reaches an agreement to continue to use the image of "Umbrella Dad", this will not only avoid the economic losses caused by the cancellation of the advertisement, but also Bringing direct advertising revenue to Liu Qiao can also make the warm image of "Umbrella Dad" deeply rooted in the hearts of the people and warm the world.
In fact, it is a good thing to be on the advertisement. This story is very warm and conveys warmth.