Is the second creation an infringement?

The second creation is infringement. Secondary creation, also known as re-creation, refers to the use of existing crops to create words, images, movies, music or other works of art. These works are called secondary creations. If it is a second creation without the permission of the author, no matter how much changes are made to the original, it constitutes infringement.

Legal analysis

If the actor only borrowed a small part from it, did not get the permission of the original author, and did not make essential changes to the content of the original work, my second creation may also violate the right to copy. If I make changes to the original work to a great extent, or the actor quotes a lot from the original work, without the permission of the original author, the actor's behavior may constitute an infringement of the right to adaptation, and the original author may also be investigated for tort liability. Because the creative basis is illegal, in this case, if the work after the second creation is original, it may constitute an adaptation of the work and enjoy copyright, although it also constitutes infringement. According to the provisions of relevant laws and regulations, under certain conditions, others are allowed to freely use copyright without obtaining the corresponding consent of the copyright owner and paying relevant remuneration to the copyright owner. The so-called specific conditions are to introduce and comment on a work or explain a problem, which can be quoted appropriately.

legal ground

Article 10 of the Copyright Law of People's Republic of China (PRC) includes the following personal rights and property rights: (1) the right to publish, that is, the right to decide whether a work is made public; (2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work; (3) the right to modify, that is, the right to modify or authorize others to modify a work; (four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization; (6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift; (seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent; (8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work; (nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways; (10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment; (11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph; (12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice; (thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works; (14) the right of adaptation, that is, the right to change a work and create a new work with originality; (15) the right to translation, that is, the right to convert a work from one language into another; (16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement; (seventeen) other rights that should be enjoyed by the copyright owner. The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law. The copyright owner may, in accordance with the agreement or the relevant provisions of this law, transfer all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration.