Traditional Culture Encyclopedia - Photography and portraiture - Headline processing video, non-original, non-infringement?
Headline processing video, non-original, non-infringement?
According to the Copyright Law of People's Republic of China (PRC):
Article 12 The copyright of a work resulting from the adaptation, translation, annotation and arrangement of an existing work shall be enjoyed by the person who adapted, translated, annotated and arranged the work, but the exercise of copyright shall not infringe the copyright of the original work.
Article 13 The copyright of a work created jointly by two or more persons shall be shared by the co-authors. People who don't participate in the creation can't be co-authors.
Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.
Article 15 The copyright of cinematographic works and works created by methods similar to cinematography shall be enjoyed by producers, but writers such as screenwriters, directors, photographers, lyricists and composers shall enjoy the right of authorship and receive remuneration according to the contracts signed with producers. Authors of works that can be used independently, such as scripts and music, in cinematographic works and works created by methods similar to cinematography, have the right to exercise their copyright alone.
Article 35 For the publication of a work resulting from adaptation, translation, annotation, collation and assembly of an existing work, the permission of the copyright owner of the adaptation, translation, annotation, collation and assembly of the work and the copyright owner of the original work shall be obtained, and remuneration shall be paid.
Extended data;
According to the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC), the works referred to in the Copyright Law refer to intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form.
This means that if a short video is recognized as a work protected by copyright law, it needs to meet the following two conditions:
First, it must be reproducible. Works protected by copyright law are intellectual achievements that can be expressed in the form of material reproduction, including printing, recording, photography, painting and performance.
Second, it must be original, which is also the core element of the object of copyright protection, that is, it is conceived independently by the author and cannot be copied, plagiarized or tampered with by other people's works.
China's copyright law does not define the specific meaning of originality, but in judicial practice, it is generally required that works must reflect the author's "choice and judgment", that is, works are created independently by the author, reflecting some personality such as choice, choice, arrangement and design.
Reference source; Baidu Encyclopedia-People's Republic of China (PRC) Copyright Law
People's Network-Will short videos not constitute infringement?
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