What rights cannot be opposed by copyright?

In many legal cases, there are often situations where two rights are in conflict with each other, one of which is the conflict between copyright and other rights. I believe everyone will be wondering: What rights cannot be opposed by copyright? Today, the editor of Legal Savior Network has compiled relevant information on this issue, hoping to eliminate your doubts.

What rights cannot be opposed by copyright?

What rights cannot be opposed by copyright? Right of portrait and right of reputation

The copyright of the work is enjoyed by everyone, but the right to the portrait in the work belongs to the portrait owner. Comparing the two rights, copyright is unable to compete with portrait rights, and the copyright owner shall not infringe the portrait rights of the portrait rights holder when exercising the copyright. For example, if a painter asks a young woman to create a human body painting for a model, the copyright of the painting belongs to the artist, and the female model has the right to the portrait in the painting. The female model did not agree to the public display of her portrait, and the artist could not exercise the copyright of the nude painting. For example, several painters held an oil painting exhibition at the National Art Museum of China, and some also published albums. Two female models believed that their portrait rights had been infringed and filed a lawsuit with the People's Court. Neither the author's creation of works nor the copyright holder's exercise of copyright may infringe upon the reputation rights of others.

What are the objects of copyright?

The object of copyright is works, which refers to literature, art, and intellectual achievements in the field of science that are original and capable of being reproduced in some tangible form.

1. Characteristics of works

Works are expressions of thoughts and emotions, not the thoughts and emotions themselves 2. The work should be original. 3. The form of expression belongs to literature, art and science.

2. Protected objects

(1) Written works; (2) Oral works; (3) Art works of music, drama, folk art, dance, and acrobatics; (4) Fine arts and architectural works; (5) Photographic works; (6) Film works and works created using methods similar to filmmaking; (7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams; (8) Computer software; (9) Others stipulated in laws and administrative regulations work.

3. Unprotected objects

Does not meet the substantive conditions of the work, mainly including calendars, general numerical tables, general tables and formulas 2. In order to protect the interests of the country or the public, it is not suitable to be protected by copyright law (1) Laws, regulations, state agencies Resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, and their official official translations; (2) Current affairs news (Article 5 of the Implementation Regulations of the Copyright Law of the People's Republic of China stipulates that current affairs news in the Copyright Law and these regulations , refers to reporting pure factual news through newspapers, periodicals, radio stations, television stations and other media.)

From the above we can know that copyright cannot compete with portrait rights, reputation Rights, the copyright holder shall not infringe the portrait rights of the portrait rights holder when exercising the copyright. If you have any questions, please go to the Legal Savior website for lawyer consultation.