1. Does selling fake paintings infringe the right of reproduction?
Selling fake paintings It also infringes the right of reproduction. In my country's regulations on the protection of the rights of copyright owners, protected copyrights include reproduction rights, distribution rights, and many other rights. It should be noted that only after the infringement is determined to be an infringement of copyright, the infringer can be prosecuted civil liability or criminal liability.
"Copyright Law"
Article 52 Whoever commits the following infringement acts shall Depending on the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing the work without the permission of the copyright owner;
(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone;
(3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works;
(4) Distortion , Tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6 ) Without the permission of the copyright owner, use the work by way of exhibition or filming audio-visual works, or use the work by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) Use of other people’s works for which remuneration should be paid but has not been paid;
(8) Audio-visual works, computer software, recordings, etc. With the permission of the copyright holder of the video product, the performer or the producer of the audio or video recording, he may rent his or her work orOriginals or copies of audio and video recordings, unless otherwise provided for in this law;
(9) Using books published by the publisher without the permission of the publisher , the layout design of periodicals;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. What counts as infringement of copying rights
The situation that infringes the right of reproduction is to make one or more copies of the work through printing, photocopying, audio recording, video recording, duplication, photocopying, rubbing, digitization, etc. At this time, the victim has the right to request the infringer to bear corresponding tort liability.
Legal basis
Article 10 of the Copyright Law of the People's Republic of China
Copyright includes the following personal rights and property rights:
(5) Reproduction rights, that is, printing, copying, The right to make one or more copies of the work by printing, recording, videotaping, ripping, remaking, digitizing, etc.;
(6) Distribution rights, that is, selling Or the right to provide the original or copy of the work to the public by way of donation;
(7) The right to lease, that is, the right to license others to temporarily use audio-visual works and computer software for a fee The right to originals or copies, except for computer software that is not the main subject of the lease;
(8) Exhibition rights, that is, the public display of originals of fine arts and photographic works Or the right to make a copy;
(9) Performance right, that is, the right to perform the work publicly and to publicly broadcast the work by various means.
3. What are the components of copyright infringement?
1. The infringed subject matter should be within the scope of protection by copyright law
The subject matter protected by copyright law shall be protected by copyright law. The development of science and technology gradually expands, involving almost all creative results of intellectual labor. In order to accommodate all kinds of creations and adapt to new communication methods that may be developed in the future, copyright laws in various countries generally adopt general provisions and enumerated provisions. The regulations are combined with each other for flexible application. The listed forms of works are nothing more than the following:
(1) Literary works (including text and language) ;(2), musical works (including music and lyrics);(3), dramatic works (including soundtracks);(4), dance and mime creations;(5), paintings, sculptures, engravings and other fine arts works;(6) , photographic works and pictures; (7) films and other audio-visual works; (8) maps, technology and architectural graphics. With the development of science and technology, the scope of objects protected by copyright law has to be extremely expanded to cover all forms of Works, and even in some countries also extend to the neighboring rights of audio and video products, radio and television programs and performances. However, the original intention of copyright law protection is to facilitate the cultural development of the public. Therefore, while expanding the subject matter of copyright law protection, at the same time In addition, detailed provisions must be made on the excluded objects.
2. Exclusive rights that must be expressly protected by copyright law
With the expansion of copyright protection objects, the types of copyright rights have also increased accordingly. Generally speaking, they include the following:
(1), reproduction right; (2), distribution right; (3), rental right; (4), exhibition right; (5), performance right; (6), screening right; (7), broadcast right; ( 8), the right of information network dissemination; (9), the right of filming; (10), the right of adaptation, translation, and compilation. In addition to the above-mentioned economic benefits, copyright also has personal value. Although countries with common law systems have not included in the copyright law The content of the personal rights of works is clearly stipulated in the Chinese law, but it is still protected by the legal principles of common law, such as breach of contract, tort, infringement of privacy, defamation, unfair competition and other concepts. The U.S. Copyright Law stipulates that any federal copyright law has not Each state has the right to enact separate laws to regulate the scope of the regulations, and does not exclude the concept of personal rights in writing.
3. The victim must have copyright
When a plaintiff files a copyright infringement lawsuit, he must first prove that he enjoys the copyright. In our country, we do not adopt a system in which copyright acquisition must first be reviewed and registered by administrative agencies, but adopt the "creation" principle., once the work is created, the author obtains the copyright. However, in the lawsuit, the plaintiff still has to prove the existence of his copyright. For the existence of copyright, in addition to the above-mentioned objects and scope of rights protected by statutory law, the plaintiff must also prove:(1) The work is original. The requirements for obtaining a copyright are different from that of a patent, which requires novelty, creativity and practicality. It is enough for copyright to be original, that is, as long as it is a result of personal hard work and independent creation rather than stealing or plagiarizing other people's works.
(2) Have the identity of Chinese nationals or are foreigners and stateless persons protected by my country’s copyright law.
4. The victim must prove that the other party has committed infringement, that is, it has infringed on several special rights protected by law of the copyright holder
Reproduction, exhibition, performance, distribution, etc. are all objective behaviors, and it is easier to determine whether infringement has occurred. However, for "plagiarism", that is, because "ideas" are not protected, "expressions" other than "ideas" must first be distinguished as the subject of protection. And plagiarism cannot be limited to word-for-word similarities. The judgment inevitably involves subjective value judgments and lacks objective standards.
5. The defendant shall not use the principle of "fair use" as a defense
Since the copyright law is based on The protection of the public interest is paramount. To a certain extent, even if the work is used without permission, the defendant can still use "fair use" as a defense. The laws of various countries also clearly define what behaviors are fair use. In addition, the criteria for judging "fair use" are clearly stated as follows:
(1) The purpose and nature of the use, that is, whether it is commercial use or non-profit The difference is based on the educational purpose;
(2) The nature of the work protected by copyright law;
(3) The proportion of the quantity and substance used to the entire protected work;
(4) The use has copyright protection The economic market value of works.
Make one or more copies of the work through digitalization or other methods. At this time, the victim has the right to request infringementThe rights holder shall bear corresponding infringement liability. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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