First, is it infringement to imitate other people's posters?
Imitating the poster design, if it is the same as or similar to the poster design for which a patent has been applied, is regarded as infringement; if it is different or similar, it is not regarded as infringement. If the shapes, patterns and other major design parts of the two are the same, they shall be deemed as the same design; Where the main design parts are the same, but the minor parts are different, it shall be deemed that the designs are similar, and those with a similarity of more than 70% shall be regarded as infringement.
Legal basis:
Article 31 of the Copyright Law
Publishers, performers, producers of audio and video recordings, radio stations, television stations, etc. The use of another person's work in accordance with the relevant provisions of this Law shall not infringe upon the author's right of signature, modification, protection of the integrity of the work and remuneration.
Article 64 of the patent law
The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the content of the claim. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
Second, what evidence is needed to sue for copyright infringement?
(1) The plaintiff shall submit the following evidence of rights to prove that he enjoys copyright or copyright-related rights:
1. Evidence to prove the plaintiff's copyright, including manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. Those who advocate the copyright of written works should submit books and periodicals, and those who have not been published should submit manuscripts; Those who claim the copyright of photographic works shall submit photos; Those who claim the copyright of films, televisions and videos shall submit program software, hard disks and documents.
2. Where the copyright heir brings a lawsuit, it shall submit the evidence materials that have been inherited or are being inherited.
(2) The plaintiff shall submit the following evidence of infringement to prove that the defendant has committed or will commit acts of infringement of copyright or rights and interests related to copyright:
1. The plaintiff shall submit evidence such as the alleged infringing copy and its sales invoice.
2. Evidence to prove the defendant's infringement, including objects and invoices obtained by the parties themselves or by entrusting others to purchase copyright copies by way of ordering or on-site trading. When copyright is infringed by others, it is necessary to collect evidence in a timely and comprehensive manner and entrust lawyers to intervene quickly to better safeguard their legitimate rights and interests.
(3) The plaintiff shall submit the following evidence of compensation to prove that the amount of compensation it proposes is based on facts:
The plaintiff shall submit evidence that can prove the amount of compensation claimed, such as the actual loss of the obligee or the illegal income of the infringer, including the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall make compensation according to the circumstances of the infringement.
Copyright is an absolute right within a certain range and has the nature of quasi-real right. When it is infringed, in addition to requesting restitution and damages in accordance with the general provisions, it also enjoys the right to exclude infringement and prevent infringement. In principle, the infringer of copyright is the author himself, but the content of copyright includes a variety of rights, some of which can be transferred separately, so a transferee can claim rights within the scope of its transferee.