Rubber ducks are copyrighted. Is the yellow duck of derivatives copyrighted?

First, we must determine the ownership of copyright. If the rubber duck applies for relevant copyright, it should belong to the model works in copyright. The copyright owner enjoys relevant legal rights, and the reproduction right of model works also belongs to the copyright owner, who also owns copyright.

References:

Regulations of People's Republic of China (PRC) Municipality on the Implementation of Copyright Law

Article 4 The meanings of the following works in the Copyright Law and these Regulations:

(13) Model works refer to three-dimensional works made in a certain proportion according to the shape and structure of objects for display, experiment or observation.

Copyright law of the people's Republic of China

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(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, reproduction or reproduction;

(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;

(7) the right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, 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 of projection, that is, the right to publicly copy art, photography, movies and works created by methods similar to filming through projectors, slide projectors and other technical equipment;

(11) Broadcasting right, that is, the right to publicly broadcast or disseminate works by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;

(12) the right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;

(13) the right to make a film, that is, the right to fix a work on a carrier by making a film or by similar methods;

(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 assign all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration in accordance with the agreement or the relevant provisions of this Law.