The black hole outside light-year of a few ten million, opened the management black hole of overlord of picture of this visual China China accidentally.
Spit groove in succession from media " bitter vision China is long " , still have public opinion doubt: Did the copyright of ensign, national emblem also put in visual China 's charge? Each big company Guan Wei also came a paragraph of collective cantata: The thing of my home, of the country in how becoming a vision?
Spit groove to return spit groove, but cannot do a mood to change, cannot finish China in last few years the intellectual property of good not easy promotion protects an environment, still get the level that returns to law, li clear problem is in: What is intellectual property after the environment promotes, protection brings necessarily " the inconvenience that use a figure " ? What is the Chinese picture overlord that is a delegate with visual China " occupy hill to be king " brought issue? Discuss " the path on the belt " , ability promotes the progress of career of Chinese intellectual property.
Let our consider sth as it stands, understand this one problem afresh from legal angle.
The first kind of circumstance, " copyright " the labor that protective object is innovation, creativity. Visual China made the Logo pattern of other vectorgraph directly, hit watermark, do not have among them " creativity works " , cannot enjoy copyright of course, visual China takes this " lid jab sells fund " the tort that itself is pair of copyright.
The 2nd kind of circumstance, on broad sense " film 2 times " , small editor of a few officers does not understand: The product of the building of own home, own home is filmed after make it picture, how to become the family's intellectual property? Be should does the other side give him money? Actually, itself of commodity, building does not produce the copyright of photography work, filming instead in the process, cameraman gives innovation sex work, include the light to adjust, contrast of light and shade, so " film 2 times " can produce copyright.
So, film factory name, product violated the trade mark right of the company? Copyright law and the boy or girl friend that trademark law protects are different, what trade mark right protects is the exclusive sex of brand, make sure consumer can avoid promiscuous, method of tort of legal illicit brand basically is in same kind of goods is similar perhaps use on commodity with registered trade mark. Film the product that contains label, not infringement of trade mark. Contrary, because film,be creativity work, produced copyright instead.
As to photography work and the conflict with the patent exterior of a few commodity, also be a truth. Guan Wei of a few companies spits groove " the thing of own home became visual China home " , just him specification is in the knowledge of intellectual property respect is short board.
The 3rd kind of circumstance, the conflict between effigies authority and photography work copyright. Station of character of this a lot of public, star comes out to spit groove: After oneself were patted by cameraman in the photograph of a few open circumstances, sold a vision China, oneself a minute of money is not taken. Effigies authority and copyright belong to contest to join a concern, do an activity to let cameraman take a picture, if not be beforehand if li clear copyright is attributive, so photograph copyright is cameraman.
But, 30 years ago " civil code general rule " specific provision: Agree without the citizen, prohibit using its image in order to seek profits for the purpose. So, in this respect, visual China is putting clear dissimulate apparently, the banner that playing copyright everywhere dimension authority, lawsuit, but the enroach on problem that the effigies that disregards object be filminged completely counterpoises.
The 4th kind of circumstance is right copyright discussion undertakes " morality kidnaps " . Somebody searchs warehouse of visual China graph the photograph of a few heroics is interrogatory: Why to use martyr before one's death does the photograph sell fund? Why to spend hundreds of money to obtain the heroic's photograph? ... this carries special pleading, roily water through staking martyr namely, the copyright that ought hold normally uses fee, was changed secretly " take martyr to change money " moral opprobrium is changed. Actually, eulogize the books of achievement of heroic, record heroic, sound resembles work, there is the price like be being sold in the shop; "Gong Ge " also have copyright euqally, commerce is used want to collect fees euqally, want demon to change become " take a heroic to change money " ?
Esteem copyright, unexpectedlying flavour wants " esteem " the management means of visual China; Spit groovy vision China, also cannot damage the protects intellectual property society consensus of hard-earned.
The main problem of visual China depends on: One, the name with protection carries out copyright tort, sweep past the beauty of other, pretend to be copyright person to carry out deceit, blackmail, for instance, the copyright person of black hole photograph has opened copyright, visual China is false however modular false type collects fees external, in fact visual China will be many the photograph of abroad and open copyright " possess oneself of " ; 2, the dimension that visual China makes the type that touch porcelain fors the time being, have costly claim for compensation at every turn, ask to sign at every turn include year of contract, do media, from media gingerly, dare not match a plan.
From before informal tort, embezzle picture, cameraman is about to cry without the tear, to nowadays the whole people spits groovy vision China " ultra " management means, the environment that this shows to China protects intellectual property had very big improvement, the right that just returns so that explore a copyright protection and transmission balances a dot, discussing this is a the main chance.
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Tianjin net letter does establish superintend and director to guide group, garrison visual China website
Release in the light of visual China website violate the condition that violates compasses picture news, on April 11 night, letter of Tianjin city net does to talk about website controller about lawfully, requirement website is cogent perform main body duty, comprehensive check history stores quantity information, gravity treats relevant responsibility person, manage a network lawfully, manage lawfully, cogent put an end to similar problem to happen again.
On April 12, letter of Tianjin city net does establish working superintend and director to guide group garrison visual China website, manage with respect to safety of examine and verify of keep of the information that put an amount, log, information, information, be on duty go on a tour of inspection, lash-up deals with, the respect such as technical safeguard undertakes superintend and director guides examination, put forward to provide to pertinent question hidden trouble body rectifies and reform an opinion and guidance supervises and urge the company is rectified and reform, put forward to treat an opinion to staff member of neglect one's duty, ensure rectify and reform working be born to get effective, not make a gesture to give the impression of doing sth. In the meantime, be aimed at near future picture kind the case that harmful information sends more, letter of Tianjin city net does to already was started " apanage picture kind break the law violate compasses information to clear punish " special operation, the picture to each website, each link kind harmful information undertakes centralized discharging making a thorough investigation of managing, space of network of farther cool and bright.
