Is it considered infringement to remove someone else's watermark?

In the current Internet age, people's inspiration and creative ideas have become more broad. This is because there are many beautiful picture works on the Internet. In order to prove their creation, the author will write the author or leave a watermark on these paintings. So is it considered infringement to remove other people's watermarks? The editor of Legal Savior Network has compiled relevant content, I hope it will be helpful to you.

1. Is it considered infringement to remove someone else's watermark?

If you remove someone else's watermark The removal of the watermark does not belong to commercial purposes and is an infringement but will not be pursued. If the image copyright owner's reputation or property rights are damaged, you will be held accountable or punished. It is a civil act for the people not to file a lawsuit against the officials, and it is up to the author of the picture whether he will be prosecuted or not.

Usage permitted by copyright does not change the ownership of the copyright. Through a copyright licensing contract, what the licensee obtains is only the right to use the work in a certain manner within a certain period of time, within the agreed scope, and in a certain way. The copyright still fully belongs to the copyright owner and will not cause any rights defects.

Generally, the licensee cannot file a lawsuit against the infringer in his own name against a third party that infringes upon his rights, because the licensee is not the subject of the copyright. , unless exclusive use is permitted by the copyright owner.

2. What counts as infringement?

Elements of civil tort: ​​illegal behavior, fact of damage, causal relationship, and fault.

1. The behavior is illegal

The so-called illegality of the behavior refers to the behavior committed by the perpetrator The behavior violates the prohibitive or mandatory provisions of the law.

2. The fact of damage

The fact of damage includes both damage to public property and Including damage to private property, but also includes damage to non-property rights.

The fact of damage refers to a certain behavior or event that causespersonal or property interests. This kind of disinterest refers to the undesirable state and adverse consequences suffered by all rights and interests recognized and protected by law.

Damage to property, including direct damage and indirect damage. Direct damage, also known as positive property loss, refers to the reduction of the victim’s existing actual property. Indirect damage, also known as negative property loss, refers to the reduction of the victim’s available benefits. Damage to the person includes life, health, reputation, Damage to honor, etc., and personal damage often also results in certain property losses.

3. Causal relationship

The causal relationship in tort refers to illegal behavior and damage The objective connection between the results, that is, whether the specific damage fact is the inevitable result of the actor's behavior. Only when there is a causal relationship between the two, the perpetrator should bear corresponding civil liability.

The causal relationship is complex and changeable. Often the occurrence of a damage consequence is caused by multiple reasons. There may be both primary and secondary reasons, as well as Including direct causes and indirect causes.

There is a causal relationship between the wrongful act and the fact of damage. That is to say, the occurrence of the fact causing the damage is due to the implementation of the wrongful act. If the fact of the damage is not caused by the implementation of the wrongful act, it does not constitute an infringement.

In fact, from the above analysis, we can see that in our country’s laws, copyright infringement is often determined based on whether the infringed work is used for profit. If it is profitable, even if the watermark is not removed, it will be counted as infringement and liability will be investigated. If you encounter infringement disputes, you can contact a lawyer. The Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.