1. Is secondary creation of fonts considered infringement?
Whether infringement needs to be classified Specific circumstances:
1. Redesigning commercial fonts when making a LOGO does not infringe copyright
2. The logo contains commercial fonts which are suspected of infringement and can be slightly adjusted
3. Commercial fonts used in magazines, newspapers, business cards, DM single pages, and packaging involve Infringement
4. The use of commercial fonts on websites such as online posters and pictures is considered infringement
"China Article 47 of the Copyright Law of the People's Republic of China: Anyone who commits the following infringement acts shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publish the work without the permission of the copyright owner;
(2) Co-create the work with others without the permission of the co-author Published as a work created by oneself alone;
(3) Without participating in the creation, in order to seek personal fame and gain, one signs other people's works;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
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(6) Without the permission of the copyright owner, use the work in exhibitions, making movies, or using methods similar to making movies, or using the works in ways such as adaptation, translation, annotation, etc. Except as otherwise provided for in this Law;
(7) Remuneration should be paid but has not been paid for the use of other people's works;
(8) Without the permission of the copyright owners of film works and works created with similar methods of making films, computer software, audio and video recordings, or the rights holders related to copyright, leasing or leasing their works or Audio and video products, except as otherwise provided for in this Law;
(9) Using the layout design of books or periodicals published by the publisher without the permission of the publisher ;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
2. 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. If the parties do not enter into an arbitration clause in the contract and do not have a written arbitration agreement afterwards, they may also file a lawsuit directly with the People's Court.
3. File a lawsuit directly with the People's Court.
When filing a lawsuit with the People's Court, you need to pay attention to the statute of limitations. File a 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 rights holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of filing the lawsuit, the copyright During the protection period, the People's Court will judge the defendant to stop the infringement, and the amount of infringement damages will be calculated two years forward from the date the right holder files a lawsuit with the People's Court.
We can understand that whether the secondary creation of fonts is infringing needs to be determined based on the actual situation. There are also relevant laws and regulations. If there is an infringement, you can ask the other party to stop the infringement. The editor of the above legal savior network has compiled it for you If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.
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