Whether the secondary creation of the font is infringing
Whether it is infringement depends on the specific circumstances:
1. Redesigning commercial fonts when making a LOGO does not infringe copyright
2. The logo contains commercial fonts that are suspected of infringement and may be slightly adjusted
3. Commercial fonts used in magazines, newspapers, business cards, DM single pages, and packaging involve infringement
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4. The use of commercial fonts on websites such as online posters and pictures is considered infringement
"Copyright of the People's Republic of China" Law"
Article 47 Whoever commits the following infringements shall, 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) ) Without the permission of the co-author, publish the work created in collaboration with others as a work created alone;
(3) Not participating in the creation, for the purpose of seeking profit Personal fame and fortune, signing on other people’s works;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people's works;
(6) Exhibiting, making movies or using similar methods of making movies without the permission of the copyright owner Use of works, or use of works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this Law;
(7) Remuneration should be paid for the use of other people’s works but has not been paid; The copyright holder of software, audio and video products or the holder of copyright-related rights permits the rental of his or her works or audio and video products, unless 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; Broadcasting or publicly transmitting live performances, or recording performances;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
How to calculate the amount of damages for copyright infringement
After it is determined that the copyright has been infringed, the amount of damages is required when suing for infringement. The amount of damages is generally determined based on the amount of loss. When copyright is infringed, the right holder can request protection through the following legal channels:
1. Through mediation.
Copyright infringement disputes can be peacefully mediated by both parties. If the two parties later fail to mediate or one party regrets after reaching an agreement after mediation, it can file a lawsuit in the People's Court. If the parties are unwilling to mediate, they can also file a lawsuit directly with the People's Court. There is no restriction.
2. Through arbitration.
Copyright contract disputes can be mediated, or you can apply for arbitration to a copyright arbitration institution based on the arbitration clause in the contract or a written arbitration agreement reached afterwards. If an arbitration award is reached later, the parties shall perform the arbitration in accordance with the arbitration award. If one party fails to perform the arbitration award, the other party may also apply to the People's Court for enforcement.
If the people's court to which the application is filed finds that the arbitration award is illegal, it will have the right not to enforce it. If the People's Court refuses to enforce it, it means that it has left it alone. Then the parties concerned can bring a lawsuit to the People's Court regarding copyright contract disputes. The parties did not enter into an arbitration clause in the contract, and there was no written arbitration agreement afterwards.Yes, you can also file a lawsuit directly with the People's Court.
3. File a lawsuit directly with the People's Court.
When filing a lawsuit in the People's Court, you need to pay attention to the statute of limitations and file the lawsuit within the statute of limitations. The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, and if the infringement continues when the lawsuit is filed, the People's Court will judge the defendant to stop the infringement during the copyright protection period, and the amount of infringement damages will be calculated from the date the right holder files a lawsuit with the People's Court. Calculate forward two years.
The above knowledge is the editor’s answer to relevant legal issues. According to the provisions of my country’s copyright law, secondary modification of other people’s fonts without the consent of the copyright owner is prohibited. Yes, it is an act of tampering with other people's works, and you must bear infringement liability such as compensation. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
