How to determine whether the right of authorship has been infringed
According to industry customs, it is generally not a signature when using works. It does not constitute an infringement of the author's right of authorship. When using someone else's work without permission, slight modifications are made, but if the modification is minor and the court considers it to be substantially similar, it constitutes an infringement of the right of reproduction and distribution, but it does not constitute an infringement of the right to protect the integrity of the work. Anything that does not impede the freedom of revision does not constitute an infringement of the right to revision.
Based on the patterns used in the goods involved and the composition of the works involved Substantively similar, the court found that it constituted an infringement of the right of reproduction and distribution and was not inappropriate. However, some discussion must be made as to whether it infringes upon the author's right of authorship, right to protect the integrity of the work, and right to modify.
1. About the right of authorship
The Implementing Regulations of the Copyright Law stipulate that when using other people's works, the name of the author and the title of the work should be specified; however, this is except where the parties have agreed otherwise or cannot be specified due to the specificity of the use of the work. The product involved in this case is bedding. According to general social experience, when artistic works are used as decoration on such products, the author's name is generally not signed. Such products use artistic worksThe purpose is to use it as a decorative pattern. Considering the integrity and appearance of the product, the industry custom is usually not to sign the author's name. The protection of authorship rights cannot be generalized. The actual use method and purpose of the work should be considered, and industry habits or business practices should be respected. Therefore, the first and second instance courts held that this practice was an industry practice and did not infringe on the author's right of authorship.
2. About protecting the integrity of works
Protecting the integrity of works focuses on protecting the author’s ideas and the content of his works. The identity of the ideas expressed, others shall not alter the work through distortion, tampering, etc., causing readers to misunderstand the work and the author's thoughts and views. Distortion refers to deliberately changing the true appearance of things or incorrectly reflecting things, which has a derogatory connotation; tampering refers to using false means to alter or misinterpret classics, theories, policies, etc. Infringement of the right to protect the integrity of a work requires the perpetrator to misinterpret the work based on subjective intention, so that the meaning expressed in the work is significantly different from what the author intended to express. From the perspective of relief methods, apology and apology should be applied when the infringement has caused the social evaluation of the infringer to be reduced and the infringer feels humiliated. Any act of modifying the work that has not caused the author's social evaluation to be reduced should not be recognized. To infringe the right to protect the integrity of the work. In this case, the changes made by Boyang Company to the work were limited to partial and subtle changes. The theme, character structure, painting style, etc. of the work have not undergone fundamental changes. The modifications have not yet reached the level of distorting or tampering with the original work, and will not cause readers to have a negative impression of the work and the work. The misrecognition and misunderstanding of the author's ideas and opinions and the reduction of the author's social evaluation are not considered to have infringed the right to protect the integrity of the work.
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