Traditional Culture Encyclopedia - Photography and portraiture - Is it infringement to use watermarked pictures?
Is it infringement to use watermarked pictures?
First, does the watermark on the picture infringe the video?
The use of watermarked pictures is considered as infringement, and the author of the pictures owns the copyright, which is owned when the creation is completed. Unless the author declares that it is allowed to be used, no one may use it for commercial purposes without his permission.
It is ok to use other people's copyrighted pictures for research and appreciation without permission, but it is not allowed to be used in websites or blogs. Infringed on the copyright of others' information network communication rights.
In case of copyright infringement, Root Edition shall bear legal responsibilities such as apology and compensation for losses according to the infringement. If the other party brings a lawsuit, it shall also compensate the other party for the notarization fees, attorney fees and other expenses incurred for the right to stop the infringement.
Second, what are the relevant provisions of infringement?
Article 22 of the Copyright Law of People's Republic of China (PRC) stipulates that under any of the following circumstances, a work may be used without permission or payment to the copyright owner, but the name of the author and the name of the work shall be clearly stated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating or reproducing a few published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but not publishing them;
(seven) the use of published works by state organs within the reasonable scope of performing official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free, without charging fees to the public or paying remuneration to the performers;
(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;
(eleven) China citizens, legal persons or other organizations have published works written in Chinese into national works published in China;
(12) Published works are published in Braille.
Three, Taobao appearance patent infringement how to identify?
The patent right of design, like the patent right of invention and utility model, is an intangible property right, and its object of rights cannot be clearly defined like tangible property. In order to reasonably protect the patent right of design, the public must be able to know the scope of protection of the patent right of design with sufficient certainty. In the case of design patent infringement dispute, to judge whether the accused infringing product infringes the design patent right, we must first determine the protection scope of the right holder's design patent right. The determination of the protection scope of design patent right is the basis of judging the infringement of design patent.
Paragraph 2 of Article 56 of the Patent Law stipulates: "The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs." Therefore, China's patent law protects not simple designs, but designs combined with products. In this sense, the design protected by China's patent law must take the product as the carrier and cannot exist without the product. The protection scope of patent right of design in China includes two factors: design and accessory products.
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