Traditional Culture Encyclopedia - Photography and portraiture - Infringement of the right to reproduce the work
Infringement of the right to reproduce the work
Legal analysis: The right of reproduction refers to the right to make copies of works. There are three situations depending on the form of expression of the work: 1. The right to copy and disseminate the work in the form of printed matter such as books, newspapers, periodicals, etc., which is commonly known as the publishing right; 2. In the form of audio-visual products such as records, tapes, slides, etc. The right to copy and disseminate works, that is, the right to audio and video recording or mechanical reproduction; 3. The right to copy and disseminate works of art and other works using methods such as copying, photography, sculpture, engraving, etc., that is, the right to copy in a narrow sense. Penalties for infringement of the right to copy: A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine. The circumstances are particularly serious, which means the amount of illegal income is huge or there are other particularly serious circumstances. The so-called huge amount of illegal income, according to relevant judicial interpretations, refers to the amount of illegal income of an individual, that is, the amount of profit, which is more than 100,000 yuan, or the amount of illegal income of an organization is more than 500,000 yuan.
Legal basis: "Copyright Law of the People's Republic of China"
Article 9 Copyright holders include:
(1) Author;
(2) Other natural persons, legal persons or unincorporated organizations that enjoy copyright in accordance with this Law.
Article 10 Copyright includes the following personal rights and property rights:
(1) Right of publication, that is, the right to decide whether the work will be made public;
(2) Right of signature , that is, the right to indicate the identity of the author and sign the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work , that is, the right to protect the work from distortion and tampering;
(5) The right to reproduce, that is, to make a copy of the work by printing, copying, rubbing, recording, video recording, ripping, re-photography, digitization, etc. or the right to multiple copies;
(6) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;
(7) Rental rights, That is, the right to license others to temporarily use the originals or copies of audio-visual works and computer software for a fee, except for computer software that is not the main subject of the lease;
(8) Exhibition rights, that is, the public display of fine arts and photographic works The right to the original or copy of the work;
(9) Performance right, that is, the right to perform the work publicly and to publicly broadcast the work by various means;
(10) Screening Right, that is, the right to publicly reproduce art, photography, audio-visual works, etc. through technical equipment such as projectors and slide projectors;
(11) Broadcasting rights, that is, the right to publicly disseminate or rebroadcast works through wired or wireless means, and to The right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images, but does not include the rights specified in item 12 of this paragraph;
(12) Information network dissemination Right, that is, the right to provide the work to the public by wired or wireless means so that the public can obtain the work at the time and place of their choice;
(13) Filming right, that is, to use the method of filming audio-visual works to The right to fix the work on the carrier;
(14) Adaptation right, that is, the right to change the work and create an original new work;
(15) Translation right , that is, the right to convert works from one language into another;
(16) right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this law.
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