Is it an infringement to imitate celebrities in commercial performances
The law does not clearly provide for infringement.
The performance of the rights holder (such as a celebrity) You have rights and others must obtain permission to use your performance. The current determination of infringement generally depends on whether the perpetrator is at fault and whether the behavior has consequences. "Imitation shows" are a form of infringement if they mislead the audience. If the imitator clearly states that it is a "imitation show" and does not derogate or distort the image of the person being imitated, it cannot be considered an infringement.
There are three situations for the person being imitated in the "imitation show": 1. The copyright holder is also the Performer: the work is created and performed by the person being imitated, and the person being imitated enjoys the copyright and performer's rights; 2. The copyright holder is both the performer and the performer. Performer: The work is created by others, but it is performed and performed by the person being imitated. Others enjoy the copyright, and the person being imitated enjoys the right to perform the work and the rights of the performer. 3. Pure performer: The person being imitated enjoys the rights of the performer. These three situations mean that there are three different definition standards, that is, whether the imitated performance itself is a comprehensive facade work, and thus whether the imitator constitutes copyright infringement? Does the "imitation show" cause subconscious confusion between the imitator and the imitator in the audience, thereby causing damage to the reputation of the imitator? This involves whether the imitator infringes upon the performance rights of the imitated person; whether the imitator takes advantage of the reputation of the imitated person to "free ride", thereby constituting unfair competition.
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