Langtao Sha | Selling the work of remake artists on the Internet, the lawyer claims that the infringement of the non -author's permission constitutes an infringement

New Yellow River Reporter: Chen Yuanhao

Recently, some citizens reported that in the online e -commerce platform, it was found that some shops were selling decorative paintings of Japanese photography artist Yamamoto Yamamoto. New Yellow River reporters have found that there are indeed many shops selling artists' works in the Internet. The pricing of the goods of these shops is 300-1500 yuan, and the monthly sales of some goods can reach nearly 100 orders. When the reporter asked whether the product was authorized by the artist, many stores did not respond positively. Subsequently, a reporter from Xinhuanghe contacted the Taobao platform. The relevant staff said that it had recorded the problem and reported to the superior leaders. It would be feedback later.

In this regard, the lawyer said that not only photography, calligraphy, calligraphy and painting, such as unique creative arts, are all protected categories. Without the permission of the right holder, the store is engaged in foreign sales on the purpose of profitability, which will constitute infringement Essence

Selling a remake art work at will, the own products of the art work are marked "stealing the picture must be investigated"

According to the information provided by the citizens, the reporter of the new Yellow River found that in the shop called NoneART, there are products selling "Yamamoto Changnan Black and White Photography Modern Morning Morning Morning Scenery Scenery High -end Sensual Decoration Painting" Different, product pricing ranges from 328-488 yuan. The monthly sales of this shop are 78 orders.

New Yellow River reporters found that in addition to photographic artists Yamamoto, the shop also includes works by artist David Hockni, photographers Wei Wei'an, Manlei and others, which are made into decoration paintings for sale. Among them, there are even works by painter Picasso, Chang Yu and others.

It is worth noting that in the "Ask everyone" section of the product, many users ask questions about the copyright issues of the work. "Are these works authorized?" "Have you asked the authors to make remakes?" But none of them received a reply from the store.

Although the store uses the works of a number of artists without authorization, the consciousness of copyright protection of the store is still very "rigorous". It can be seen in the product introduction of the store. Mark the "exclusive shooting, the stolen picture must be investigated."

Most shops cannot present the artist's authorized book Taobao platform that the problem has recorded the problem

New Yellow River reporters found that keywords such as "photography" and "decorative paintings" found that many shops selling photographic decorative paintings have decorative paintings produced by well -known domestic and foreign artists. The price is generally 300-1500 yuan.

When the reporter consults as a seller and whether the work is authorized by the artist, the customer service of many shops cannot directly answer the question. A shop said that the replica of the artist was authorized, but when the reporter proposed whether to see the authorized agent, the store responded that the copyright letter was not around. When some shops saw the question of consulting copyright, they said that "they are all artworks, public property rights, and the author authorizes suggestions to go to auction houses for shooting." When the reporter asked again, there was no reply.

Regarding this situation, a reporter from Xinhuanghe contacted the Taobao platform. The relevant staff said that it had recorded the problem and reported to the superior leaders. Later, they would feedback in the form of telephone or text messages. Later, the reporter consulted an industry insiders engaged in art agency, saying that "currently there is no agent from Japanese photography artist Yamamoto," in China.

Lawyer's point of view: The protection of the protected works with sales constitutes an infringement

So is the use and sales of these products infringement? In this regard, Lawyer Huang Xiwen, a struggle firm in Shandong, said that if the store did not pass through the consent of the copyright owner, the work of the works protected by the copyright owner to obtain the benefits of foreign operations will constitute infringement.

In addition, not only photography, calligraphy, calligraphy and other artworks, such as calligraphy, calligraphy and painting, are protected. If they do not pass by the permission of the right holder, they are sold out for the purpose of profitability, which constitutes infringement. At the same time, Lawyer Huang said that as a online shopping platform, Taobao should supervise the legitimacy of the operating behavior on the platform. If it is found that there is infringement, it should be stopped and the merchants are required to regulate the operation.

Edit: Weekend

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