Traditional Culture Encyclopedia - Photography and portraiture - Many fonts are copyrighted. If they are deformed when used, is it considered infringement?
Many fonts are copyrighted. If they are deformed when used, is it considered infringement?
Fair use of copyright is an important copyright restriction mechanism, which means that under certain conditions, the law allows others to freely use copyrighted works without the permission of the right holder, and does not pay them remuneration.
"Fair use in the copyright law, from the perspective of the copyright owner, is a restriction on the scope of its copyright; From the perspective of people other than the copyright owner (that is, users), it is a right to enjoy the benefits of using other people's works. " Fair use should include five meanings:
First, there must be a legal basis for use.
Second, the use is based on legitimate reasons.
Third, the consent of the author and the copyright owner is not required.
The fourth is not to pay remuneration.
Fifth, it does not constitute infringement, but a legal act.
Article 22 of the Copyright Law stipulates that under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the name of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:
1. Use published works of others for personal study, research or appreciation;
2. In order to introduce and comment on a work or explain a problem, appropriately quote the published works of others in the work;
3. In order to report current news, it is inevitable to reprint or quote published works in newspapers, periodicals, radio stations, television stations and other media;
4. Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles involving 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 publication and broadcasting are not allowed;
6. Translate or copy a small number of published works for classroom teaching or scientific research in schools for use by teaching or scientific researchers, but they shall not be published publicly;
7. State organs use published works within a reasonable scope for performing official duties;
8. Libraries, archives, memorial halls, museums, art galleries, etc. Show or save the version and 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;
10. Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places;
1 1. Translate the published works written in Chinese by China citizens, legal persons or other organizations into works written in minority languages and publish them in China;
12. Change the published works into Braille for publication.
The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.
Extended data:
Case:
The plaintiff Dongyang Xerox Wall Film and Television Culture Co., Ltd. (hereinafter referred to as Xerox Wall Company) is the copyright owner of the TV series Obstetrician (hereinafter referred to as the TV series involved).
The website "Douban Movie" operated by the defendant Beijing Wang Dou Technology Co., Ltd. (hereinafter referred to as "Wang Dou Company") is an information platform for online users to comment and communicate on film and television dramas.
Among them, in the comments of obstetricians, the poster, director, screenwriter, starring and other information of the TV series are displayed, as well as a variety of short comment lists, plot outlines, TV series pictures and so on.
There are posters, stills, screenshots and other contents of TV series involved in the case uploaded by netizens in the picture area. Therefore, the plaintiff claimed the defendant's infringement and demanded to stop the infringement and compensate for the losses.
As for stills and posters, because they are independent of film and television dramas, and because the plaintiff has no right to prove himself, the court directly rejected them.
For screenshots, the court held that screenshots are an integral part of TV series, and the film and television company certainly covers them based on its rights to TV series. Is it infringement to use screenshots without the consent of the right holder?
The court held that Article 22 of the Copyright Law stipulated 12 cases of fair use, and Article 2 1 of the Regulations for the Implementation of the Copyright Law stipulated the constitutive conditions of fair use. As a restriction on the exclusive right of copyright, the legislative intention of fair use system is to balance the relationship between protecting the legitimate rights and interests of copyright owners and encouraging and promoting the creation and dissemination of works. However, due to the development of emerging technologies on the Internet, the scene of 12 cannot fully meet the actual needs.
Therefore, on the basis of complying with the requirements of fair use stipulated in Article 2 1 of the Regulations for the Implementation of Copyright Law, it is in line with the original intention of copyright law legislation and fair use system design to apply fair use system to measure whether an act belongs to fair use.
Therefore, the use of a published work by others does not affect the normal use of the work, nor does it unreasonably harm the legitimate rights and interests of the copyright owner. Such use may constitute fair use.
References:
Baidu Encyclopedia-Copyright Law
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