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How to claim infringement of works of art

2018-04-06 09:36:58

Recently Xiaobian received a lot of questions, one of which is the following Xiaobian for you to sort out the steps on how to complain about the infringement of art works, I hope these methods can help you.

Methods/Steps
1

To determine the effective existence of the rights of the copyright owner of the works of art, determine the scope of protection of the copyright owner of the works of art, including the identification of ideas and expressions, originality, whole and part, and determine the behavior of the accused infringer, including the access to the works of the right holder, the identification of plagiarism, fair use and other issues.

2

The final determination of infringement and the confirmation of tort liability, including the understanding of the cessation of infringement and the amount of compensation. The legislative examples all connect the interests of the author with the original works of art in some way. They either restrict the ownership of the original works of art by the copyright of the works of art (such as the French legislative examples and the American legislative examples), or directly establish the interests of the author on the original works of art (such as the Japanese legislative examples), which can be used as reference for the theory and practice of the protection of the copyright of artistic works.

3

As far as the French copyright Law is concerned, its clear legal division of rights ownership is commendable, but restricting property rights only by publication rights is not enough to guarantee the realization of moral rights and property rights of copyright owners of works of art other than publication rights. In particular, the French copyright Law does not provide any countermeasures for the case of damage to the original works of art due to the owner.

4

The Japanese copyright law takes a new approach and directly roots the copyright in the original works of fine art, giving the copyright owner the right to use the original works of fine art to exhibit the works of fine art, thus establishing a strong bond between the copyright owner and the original works of fine art. However, this legislative example is not strict enough in legal logic. Although the copyright law of the United States has made detailed provisions on the preservation of the original works of art attached to buildings, it has not formed a general clause with universal significance and has been biased.

5

This page is an illegal climb taken from experience

6

The author of a work of fine art is granted the right to exhibit the original works of fine art, and the owner of the original works of fine art may require the author to pay royalties. When the exhibition right of the author of a work of fine art conflicts with the exhibition right of the owner of the original works of fine art, the author's exhibition right shall take precedence.

Matters needing attention

The above methods are collected by small series, and I hope to help you.

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