1. Whether selling other people’s paintings infringes copyright
1. According to our country According to the provisions of the Copyright Law, whether selling other people's paintings will infringe copyright depends on the specific circumstances. If the work is copied and sold without the consent of the author, it will constitute copyright infringement.
2. "Copyright Law of the People's Republic of China"
Article 48 includes the following Anyone who commits an infringement shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if it harms public interests at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, and confiscate and destroy the infringing copies. If the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Not With the permission of the performer, copying and distributing audio and video recordings of his or her performance, or disseminating his or her performance to the public through information networks, unless otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, unless otherwise provided for in this law;
(5) Playing or copying radio or television without permission, except as otherwise provided for in this law;
(6) Without the permission of the copyright owner or the copyright-related rights holder, deliberately avoids or destroys the technical measures taken by the rights holder to protect the copyright or copyright-related rights for his works, audio and video products, etc., the law shall , except as otherwise provided by administrative regulations;
(7) Deliberately deleting or changing works, audio and video without the permission of the copyright owner or copyright-related rights holder Electronic information for the rights management of products, etc., unless otherwise provided by laws and administrative regulations;
(8) Producing and selling works that counterfeit the signature of others.
2. What are the characteristics of art works
1. Originality
The so-called originality means that the work must be independently created by the author , rather than plagiarizing or copying others. Originality is different from creativity under patent law, and is also different from distinctiveness under trademark law. Theoretically, even if two works are very similar in content and form, if they are indeed created by The authors created their works independently and both are regarded as original.
2. Reproducibility
That is, the work must be perceived by others and can be copied.
The work that constitutes copyright protection must be perceived by others and still in the mind of the writer The idea or plot of the work cannot be perceived by others and does not constitute a work. It can be perceived by others, including directly through the senses of the human body, and also includes being perceived by others with the help of machinery, equipment, etc. The work must also be able to be fixed in a certain On the material carrier. (Oral works: oral creations such as impromptu speeches, lectures, court debates, etc., works that are not fixed in any carrier. However, in order for oral works to be protected, they must still be in a certain material form, such as being recorded by others, Recordings, etc. If it is not fixed, oral works cannot receive actual protection. The law recognizes the copyright of oral works, and the author is the narcissist, not the recorder or copyer who fixed it.)
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s Copyright Law, whether selling other people’s paintings will infringe copyright depends on the specific circumstances. , if the work is copied and sold without the author's consent, it will constituteCopyright infringement. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
