Legal subjectivity:
1. Is it infringement if the watermark on the picture is used on the video?
Using a picture with a watermark is considered infringement. The author of the picture owns the copyright and owns it. Owned when creation is complete. No one may use it for commercial purposes without their permission, unless the author has stated permission for use.
Private use of someone else's copyrighted images for research and appreciation is allowed, but use on a website or blog is not allowed. Infringes other people's copyrights such as information network dissemination rights.
Those who infringe copyrights will be required to bear legal responsibilities such as apology and compensation for losses according to the circumstances of the infringement. If the other party files a lawsuit, the other party must also compensate the other party for notarization fees, attorney fees and other expenses incurred to stop the infringement.
2. What are the relevant provisions of infringement
Article 22 of the Copyright Law of the People’s Republic of China, under the following circumstances, works can be used without copyright No remuneration shall be paid to the author, but the name of the author and the title of the work shall be specified, and other rights enjoyed by the copyright holder in accordance with this law shall not be infringed upon:
(1) For personal study, research or appreciation, use Works that have been published by others;
(2) In order to introduce or comment on a certain work or explain a certain issue, appropriately cite the works that have been published by others in the work;
(3) In order to report current affairs news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;
(4) Publish or quote in newspapers, periodicals, radio stations, television stations and other media; Play current 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 be published or broadcast;
(5) Newspapers and periodicals , radio stations, television stations and other media publish or broadcast speeches delivered at public gatherings, except where the author declares that they are not allowed to be published or broadcast;
(6) Translate or reproduce in small quantities for school classroom teaching or scientific research Published works may be used by teaching or scientific researchers, but shall not be published or distributed;
(7) State agencies may use published works within a reasonable scope for the purpose of performing official duties;
( 8) Libraries, archives, memorial halls, museums, art galleries, etc., copy the works collected by the library for the purpose of display or preservation of versions;
(9) Free performances of published works, the performance has not been Charging fees from the public without paying performers;
(10) Copying, painting, photographing, or videotaping works of art installed or displayed in outdoor public places;
(11) Translate works written in Chinese language and written by Chinese citizens, legal persons or other organizations into national languages ??and publish them domestically;
(12) Translate works that have been published in Chinese His works were published in Braille.
3. How to identify Taobao appearance patent infringement
Like invention and utility model patents, design patent rights are an intangible property right, and the object of its rights cannot be as clear as tangible property. land is defined. To reasonably protect design patent rights, the public must be able to know the scope of protection of design patent rights with a sufficient degree of certainty. In design patent infringement dispute cases, in order to determine whether the alleged infringing product infringes the design patent right, the scope of protection of the design patent right of the obligee should first be determined. Determination of the scope of protection of design patent rights is the basis for determination of design patent infringement.
Article 56, Paragraph 2 of the "Patent Law" stipulates: "The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos." It can be seen from this that, What our country’s Patent Law protects is not simply a design, but a design combined with a product. In this sense, the design protected by my country's Patent Law must be based on the product and cannot exist without the product. The scope of protection of my country's design patent rights includes two factors: the design and the product to which it is attached.