1. Copying famous paintings will infringe copyright
1. Copying famous paintings does not infringe Copyright. According to relevant legal provisions, if an actor copies an artistic work installed or displayed in a public place, he may not obtain the permission of the copyright owner or pay him any remuneration, but he shall specify the name of the author and the title of the work, and shall cause harm to the copyright owner. legitimate rights and interests.
2. Legal basis:
"Copyright Law of the People's Republic of China" 24 Article 1, Item 10 of Paragraph 1: In the following circumstances, a work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work shall be specified, and the normal use of the work shall not be affected, nor shall the normal use of the work be affected. The legitimate rights and interests of the copyright holder must not be reasonably damaged: Copying, painting, photographing, or videotaping works of art installed or displayed in public places.
Article 15 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases", created by different authors on the same subject matter If the expression of the work is completed independently and is creative, the authors shall be deemed to have independent copyright.
2. How to identify the infringer of trademark infringement
1. There must be an illegal act, that is, the perpetrator has committed The act of selling counterfeit Registered trademark goods;
2. There must be facts of damage, that is, the sales of counterfeit goods by the perpetratorThe conduct of trademarked goods has caused damage to the trademark owner. Selling goods that counterfeit someone else's registered trademark will cause serious property losses to the right holder, and will also cause damage to the goodwill of entities that enjoy registered trademark rights. Whether it is property damage or damage to goodwill, it is a fact of damage.
3. The offender is subjectively at fault, which means that the offender already knows or should know the fact that the goods sold are goods with counterfeit registered trademarks. .
4. There must be a causal relationship between the illegal act and the damage, that is, there must be a cause and effect between the illegal actor's sales behavior and the damage to the trademark owner. relation.
5. It is an infringement of the exclusive rights of registered trademarks: Without the permission of the trademark registrant, using the same trademark Using a trademark that is the same as its registered trademark on the same kind of goods;Using a trademark that is similar to its registered trademark on the same kind of goods without the permission of the trademark registrant, Or using a trademark that is the same as or similar to its registered trademark on similar goods, which is likely to cause confusion;Selling goods that infringe the exclusive rights of a registered trademark;
6. Forgery or unauthorized manufacture of registered trademarks of others or sale of forged or unauthorized registered trademarks logo;Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;Intentionally providing facilities for infringement of other people's trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;Give Any other damage caused by the exclusive right to use a registered trademark of others.
I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network for professional consultation lawyer.