Are Peking Opera facial makeup works protected by copyright law
Peking opera facial makeup works are protected by copyright law.
First, is the Peking Opera facial makeup work covered by copyright law? protected object. When handling a copyright dispute case, the first issue that should be determined is whether the plaintiff is seeking protection as a "work" within the meaning of copyright law. Works protected by copyright law are generally considered to be "intellectual creations in the fields of literature, art and science that are original and can be reproduced in some tangible form." It can be seen that originality is the primary requirement for a work in the sense of copyright law, that is: only works independently conceived and created by the author are the objects of copyright protection, and plagiarism of existing works cannot form a new "work". The standard for judging the originality of a work is usually difficult to grasp: it is relatively difficult to verify whether the work is independently completed, and whether and to what extent the work is "creative" is a difficult problem that has been plaguing the theoretical and practical circles. . The main dispute between the plaintiff and the defendant in this case stems from the "originality" of Peking Opera facial makeup: the defendant insists that Peking Opera facial makeup is the crystallization of my country's traditional Peking Opera culture and is the result of hundreds of years of development and the joint creation of countless Peking Opera artists, and It has entered the public domain. Not only the plaintiff, but also any individual has no right to claim copyright in the Peking Opera facial makeup work. Because the Peking Opera facial makeup has formed a fixed formula, the Peking Opera facial makeup work does not need to be independently created.
Article 47 of the Copyright Law
Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Without the permission of the co-author, treat the work created in collaboration with others as a work created solely by oneself Published;
(3) Did not participate in the creation, In order to seek personal fame and fortune, sign on other people’s works;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Leasing the works without the permission of the copyright owners of film works and works created by methods similar to filmmaking, computer software, audio and video products, or the rights holders related to copyrights or audio and video products, except as otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performer's performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
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