Standards for Determining Infringement of Art WorksWhat is it
1. The first step , confirm the effective existence of the rights of the copyright owner of the artistic work;
2. The second step is to determine the scope of protection of the copyright owner of the artistic work, This includes the identification of issues such as thought and expression, originality, whole and part;
3. The third step is to determine the accused The infringer’s behavior, including contact with the rights holder’s works, identification of plagiarism, fair use and other issues;
4. Step 4 , the final determination of infringement and confirmation of infringement liability, including understanding of the cessation of infringement and the amount of compensation.
Article 49 of the "Copyright Law" stipulates that infringement of copyright or copyright-related rights , the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner 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, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. .
What are the precautions for the protection of art works
For the authors of art works The protection of the interests enjoyed by original works of art should be regulated from the following aspects at the same time:
① Prohibition of ownership of original works of art To prevent people from abusing their rights, protect the copyright owner’s exercise of the right to publish;
② Prohibit the owner of the original work of art from maliciously damaging the original work of art, and protect the copyright owner’s rights based on the work of art. All rights;
③Give the author of the art work the right of resale and encourage creation;
④ Grant the author of the art work the right to exhibit the art work with the original art work, and stipulate that the owner of the original art work can require the author to pay royalties. When the exhibition right of the author of the art work conflicts with the exhibition right of the owner of the original art work, the author’s right to exhibition priority.
The above is the specific situation regarding the determination of copyright infringement of artistic works and the precautions for the protection of artistic works. I hope it will be helpful to you.
