[Direct answer]Generally, they cannot be used directly. Memes may involve both copyright and personal rights: cartoon and hand-drawn memes often constitute works of art and are protected by the Copyright Law of the People's Republic of China; memes made from real photos and celebrity images may also involve others' portrait rights and reputation rights. Without the permission of the rights holders, using them in commercial scenarios such as products, advertisements, store decorations, and public account operations may constitute infringement, and the infringer will bear responsibilities such as stopping the infringement and compensating for losses. For individuals, there is a relatively low risk of infringement when sharing memes in chat, but for commercial use, authorization should be obtained or self-owned materials should be used instead.

I. Problem Background and Typical Scenarios

Emojis spread quickly and have low production barriers, so many merchants like to use popular emojis for merchandise, promotional images, or store decorations. Emojis are also often used as illustrations on social media platforms. While these emojis may seem "ownerless", they often have creators or photographers behind them, and may even involve real-life portraits. The legal risks of commercial use of these emojis are often seriously underestimated.

II. Key points of contention

First, whether memes constitute protected works. Second, the personal rights involved in memes featuring real people and celebrities. Third, the differences between personal use and commercial use. Fourth, the subject and scope of obtaining authorization.

III. Professional analysis by Henglue Law Firm

The first layer concerns copyright considerations: hand-drawn, cartoon, and illustration-based memes that demonstrate originality typically constitute artworks, and the original authors enjoy copyright protection. Unauthorized copying, distribution, or dissemination via information networks may infringe corresponding rights. The second layer involves personality rights: memes based on real-life photos or celebrity images may infringe portrait rights. According to Article 1019 of the Civil Code of the People's Republic of China, unauthorized production, use, or public display of others' portraits, as well as defamation or forgery of portraits, may result in legal liability. Insulting or disparaging content may also infringe reputation rights. The third layer focuses on usage scenarios: personal chat forwarding typically has limited impact, but commercial use in products, advertisements, stores, or account operations clearly exceeds fair use limits, significantly increasing legal risks. The fourth layer addresses authorization and compliance: commercial use of memes requires copyright holder permission, and portraits must obtain consent from the rightsholder. Authorization agreements should specify usage scope, duration, and geographical restrictions. Upon receiving infringement claims, respondents should first verify rights proof and usage facts, assess the nature and profitability of the activity, and negotiate or defend accordingly. The fifth layer highlights evidence and enforcement pathways: rightsholders typically need to prove copyright or portrait rights ownership and the timing of alleged infringement. Users claiming authorized use or fair use must also bear corresponding burden of proof. Commercial entities should establish review and authorization systems for promotional materials to mitigate risks at the source. Upon receiving claims, they should promptly cease usage, verify rights proof, and evaluate remedial options to prevent damages from spreading. Disputes involving intellectual property and personality rights may refer to relevant legal provisions for resolution.Intellectual property protection and corporate lawThe approach to handling the plate; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to prioritize the use of self-owned or authorized meme materials in commercial scenarios. The second step is to obtain portrait rights authorization for content involving real people. The third step is to retain authorization certificates and specify the scope of authorization. The fourth step is to verify the rights and usage facts when receiving infringement claims, promptly stop usage, and negotiate a resolution. Main legal basis: Article 10, Article 52, and Article 54 of the Copyright Law of the People's Republic of China (amended in 2020 and implemented on June 1, 2021); Article 1019 of the Civil Code of the People's Republic of China; specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

There are three key points regarding the commercial use of memes: hand-drawn cartoons are multi-attributed works and require authorization for commercial use; memes featuring real-life celebrities may infringe upon their portrait rights, and there are additional risks if they depict them in a derogatory or demeaning manner; the boundaries between chat-sharing and commercial use are distinct, and businesses must verify the sources of their materials. In cases involving disputes over intellectual property rights and personal rights, parties may seek legal recourse through appropriate channels.Intellectual property protection and corporate lawThe service provides a comprehensive solution, integrating corporate publicity and complianceBusiness and contract disputes in enterprisesA reference for the execution of compensation involving plate tectonicsCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is it infringing to use memes to promote a store?

This might constitute an infringement. Hand-drawn cartoon memes are often protected by copyright, and real-life memes also involve portrait rights. For commercial use, you should obtain the necessary permissions in advance.

Q2: Is there any risk in sending emoji packs in chats?

The risk is generally lower for small-scale, non-commercial reposting between individuals; however, large-scale dissemination or use in commercial settings may constitute infringement.

Q3: Is it okay to use celebrity memes to create merchandise?

Generally, this is not allowed. Using others' portraits without their consent may infringe upon their right to portrait, and if the portraits are distorted or disparaging, it may also infringe upon their right to reputation.

Q4: How can I use memes legally?

Obtain the authorization of the copyright holder, and separately obtain the portrait rights license for real people if necessary. Use the content within the scope of the authorization, and keep the authorization certificates.

Q5: What should I do if I'm notified of infringement?

First, check the other party's proof of rights and your own actual usage, assess the nature and scope of the issue, and then negotiate or defend against the claim. At the same time, stop using the content immediately to minimize losses, and keep relevant communication and authorization records.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.