Is it suspected of infringement if the same style of the Spring Festival Gala star is sold in an online store?
As for the situation where the same style of online celebrities becomes popular, experts say , Let’s not talk about clothes for now. If an online shop owner uses pictures with celebrity portraits without knowing the brand of the celebrity’s clothing, it is suspected of infringement and he must bear corresponding liability.
Infringement of portrait rights requires two conditions: one is Without the consent of the portrait rights holder, and secondly, for profit-making purposes. Judging from the above facts, these two conditions are met, which in fact constitutes an infringement of the party's portrait rights.
Article 47 of the Copyright Law
Has the following infringement acts, should, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Publishing a work created in collaboration with others as a work created alone without the permission of the co-author ;
(3) None Participating in creation and signing others’ works for personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people's works;
(6) Without the permission of the copyright owner, use the work in exhibitions, making movies, or using methods similar to making movies, or adapt, translate, annotate, etc. Use works in a manner other than those provided for in this Law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Copyright holders of unfilmed works and works created by methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights With the permission of the person, the works or audio and video recordings are rented, except as otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Broadcast or publicly transmit live performances without the permission of the performers, or recording their performances;
(11) Other infringements of copyright and copyright-related rights and interests.
In the actual operation process, it is recommended to seek professional advice and ask the professional lawyers of the Legal Savior Network to handle it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If you have If you don’t understand something, you can also find relevant legal provisions to solve it.
