Does counterfeiting cultural relics infringe copyright?

The protection of cultural relics is very important. The protection of cultural relics can protect our country's traditional culture and allow more future generations to understand our country's history and culture. Cultural relics have a very high collection value, especially those that are rarely handed down. Cultural relics are not copyrighted. It is a work protected by law, so passing off cultural relics does not constitute copyright infringement, but is an act of fraud. Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. Whether counterfeiting cultural relics infringes copyright

1. According to my country’s Copyright Law According to the provisions of the Act, cultural relics are not works protected by copyright law, so passing off cultural relics does not constitute copyright infringement, but is an act of fraud.

2. Legal provisions: "Copyright Law of the People's Republic of China"

Article 3 Works referred to in the Law include works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:

(1) Literary works;

(2) Oral works;

(3) Music, drama, folk art, and dance , Acrobatic art works;

(4) Fine arts and architectural works;

(5) Photographic works;

(6) Film works and works created using methods similar to filmmaking;

;">(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works stipulated in laws and administrative regulations.

2. How to make the infringing party stop the infringement first >

1. The copyright owner or copyright-related right holder has evidence that others are committing or about to commit acts that infringe upon their rights, and if not stopped in time, their legitimate rights and interests will be irreparably damaged. , you can apply to the People's Court to take measures to order the cessation of relevant behaviors and property preservation before filing a lawsuit. The applicant should provide a guarantee. If no guarantee is provided, the application will be rejected.

2. After the People's Court accepts the application, it must make a ruling within 48 hours; if it decides to take property preservation measures, it shall be implemented immediately. If the applicant does not file a lawsuit within 15 days after the People's Court takes preservation measures, the People's Court shall terminate the property Preservation. Property preservation is limited to the scope of the request, or property related to the case. Property preservation adopts sealing, seizure, freezing or other methods prescribed by law. After the people's court freezes the property, it shall immediately notify the person whose property is frozen. The property has been seized , frozen, shall not be repeatedly seized or frozen.

3. If the respondent provides a guarantee, the People's Court shall terminate the property preservation. If the application is incorrect, the applicant shall The respondent shall be compensated for the losses suffered due to property preservation. If the party concerned is dissatisfied with the ruling on property preservation or advance execution, he may apply for reconsideration once. The execution of the ruling shall not be suspended during the reconsideration period.

The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Copyright Law, cultural relics are not works protected by copyright law, so pretending to be cultural relics will not constitute copyright infringement, but constitute fraud. behavior. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.