Are celebrities’ cartoon images protected by copyright law
It needs to be analyzed based on the specific situation, and there is no clear provision in the law .
Strictly speaking, "cartoon images" are not As a legal concept, there is no "cartoon image" among the types of protected works stipulated in Article 3 of my country's Copyright Law. So, what kind of "cartoon image" can be protected by copyright law?
First of all, what we call "cartoon images" every day "What does it mean?" The so-called cartoon images are fictional characters extracted from comics or animations. These fictional characters with certain personality characteristics should generally have exclusive names, identities, appearance features, unique personalities, storylines and other characteristics. Secondly, looking back at the types of works stipulated in Article 3 of my country's Copyright Law, the ones closest to "cartoon images" should be "art works", that is, paintings, calligraphy, sculptures, etc. composed of lines, colors or other methods A two-dimensional or three-dimensional plastic art work with aesthetic significance. At this time, you should pay attention to three issues: First, distinguish between animation (comic) works and cartoon images. Generally speaking, the right holder of a cartoon image is also the right holder of the animation (comic) work in which the cartoon image appears. The right holder can choose to claim the copyright of the cartoon image or the copyright of the entire animation (comic) work according to different circumstances. The criteria for determining what constitutes infringement are different.
Second, it should be noted that copyright law only protects original expressions. Generally speaking, the protection of cartoon images under copyright law is limited to the appearance of the cartoon image, but does not protect the character or storyline of the cartoon image in the ideological field. In addition, the names of some cartoon images that are too low in originality, such as "Xiong Da" ", "Rat Brother", etc. are also difficult to obtain protection through copyright, but this does not prevent them from obtaining trademark protection through trademark registration. Third, we need to pay attention to the creation mode of animation works.
With the advancement of technology, the way animation works are created And gradually evolved from the traditional direct painting method with a brush to the use of computer software to create. Although the innovation in the creation mode has brought a certain degree of convenience to the creation of works, it has also brought some difficulties to the rights holders: for example, in the computer creation mode, it is difficult to determine the ownership by providing the creation manuscript, and the copyrights stored in the computer are difficult to determine. The initial file of the work will be easily modified by the infringer at the creation time. In desperation, the safer way is to go through notarization or copyright registration. Regardless of the high cost, the legal provision that "copyright arises from the date of completion of the work" is almost a piece of paper. For this reason, the author advocates that in judicial practice, judges can appropriately lower the originally overly high standard of proof of ownership for right holders. As long as the plaintiff can submit preliminary evidence proving its originality, the burden of proof can be transferred, and the burden of proof can be transferred to the defense. Whether to provide counter-evidence sufficient to overturn the plaintiff's ownership rights.
"Copyright Law" stipulates that copyright is Obtained automatically after the work is created. For example, when cartoons were born, copyright came into being. Then why apply for registration? Applying for registration of this form of expression is to preserve evidence of the creation of the work, and important works can be voluntarily registered with the copyright department. Registering copyright is the first step to protect the image of cartoon characters. If the original creator’s cartoon image is used fraudulently in the future, the author can pursue the legal liability of the infringer based on the Copyright Law. If the voluntary registration step is ignored, it will be relatively troublesome to prove copyright when fraudulent use of an image occurs. Copyright is essentially a monopoly right granted by law to the copyright holder for a period of time, but this right can only last for a certain period of time and is not permanent.
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