Is it infringement to imitate movie posters?

If the design of an imitated poster is the same as or similar to the design of a patented poster, it will be considered infringement; if it is different or not similar, it will not be considered infringement. The two have the same main design parts such as shape and pattern, and should be deemed to have the same appearance design. Regarding the question of whether imitating movie posters will cause infringement, the editor of Legal Savior Network will answer it in detail for you below.

1. Will imitating movie posters cause infringement?

1. Imitating posters If the design is identical or similar to the poster design for which a patent has been applied, it will be considered infringement; if it is different or not similar, it will not be considered infringement.

2. If the main design parts such as shape and pattern are the same, they should be deemed to have the same appearance design; if the main design parts are the same but the minor parts are different, they should be deemed to be the same. If the appearance design is similar, a similarity of more than 70% will be considered infringement.

Legal basis

Article 31 of the Copyright Law

Publishers, performers, audio and video producers, radio stations, television stations, etc. who use other people’s works in accordance with the relevant provisions of this Law shall not infringe the author’s right of signature, right of modification, or protection of the work. Right to integrity and right to remuneration.

2. What evidence is needed to prosecute copyright infringement?

(1) The plaintiff should submit the following rights evidence to prove that it enjoys copyright or copyright-related rights:

1. Evidence proving that the plaintiff enjoys copyright, including copyright-related manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification agencies, contracts for obtaining rights, etc. provided by the parties. Those claiming copyright in written works should submit books and periodicals, and unpublished manuscripts should be submitted; those claiming copyright in photographic works should submit photos; those claiming copyright in films, televisions, and videos should submit program software, hard drives, documents, etc.

2. If the copyright heir sues, he should submit evidence that he has inherited or is inheriting.

(2) The plaintiff should submit the following infringement evidence to prove that the defendant has committed or is about to commit acts that infringe copyright or copyright-related rights and interests:

1. The plaintiff should submit evidence such as the allegedly infringing copy and its sales invoice.

2. Evidence proving the defendant's infringement includes physical objects, invoices, etc. obtained by the parties themselves or by entrusting others to purchase copyrighted copies through ordering, on-site transactions, etc. When your copyright is infringed upon by others, you should promptly and comprehensively collect evidence and quickly entrust a lawyer to intervene to better protect your legitimate rights and interests.

(3) The plaintiff should submit the following compensation evidence to prove that the amount of compensation proposed has a factual basis:

The plaintiff shall submit evidence that can prove the amount of compensation it proposes, such as evidence of the actual losses of the right holder or the illegal gains of the infringer, including the reasonable expenses paid by the right holder to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall make a judgment for compensation based on the circumstances of the infringement.

3. The four conditions for infringement are as follows:

1 The actor has engaged in a civil illegal act;

The so-called illegality of the act means that the act committed by the actor violates the prohibitive provisions or mandatory provisions of the law. sexual regulations.

2. The fact of causing damage to other people's property or personal life;

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

3. There is a causal relationship between the illegal act and the damage consequences;

In infringement The causal relationship refers to the objective connection between the illegal act and the damage result, 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.

4. The perpetrator is subjectively at fault;

Fault is a subjective factor in the constituent elements of a tort, reflecting the psychological state of the perpetrator when he commits the tort. Fault is divided into intentional and negligent according to its type.

A tort is an illegal act in which an actor infringes upon personal, property and other legitimate rights and interests due to fault and should bear civil liability in accordance with the law, as well as other infringement acts in which the actor should bear civil liability in accordance with special provisions of the law

[Warm reminder]: The editor tells you: publishers, performers, audio and video producers, radio stations, television stations, etc. who use other people's works in accordance with the relevant provisions of this law must not infringe the author. The right of authorship, the right to modify, the right to protect the integrity of the work and the right to receive remuneration. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior Network to consult a professional lawyer.