Cause of action: Infringement of the right of signature

Du Mou built an archway for the farmers' market, and asked Zhan Mou to draw a painted picture on the archway according to the blueprint provided by him, including the theme of crossing the sea with the Eight Immortals, getting married in Taoyuan and riding a thousand miles alone, and a landscape painting as the main picture of the archway. After the main drawing was completed, Du Mou signed the "Eight Immortals Crossing the Sea" without authorization, indicating that Du Mou was the producer of painting, and it was reported by local TV stations, which had a certain impact. Zhan therefore appealed to the court on the grounds that Du had infringed his copyright.

Handling ]

The court of first instance ruled that Du Mou was ordered to remove the words on the theme map of "Eight Immortals Crossing the Sea" in the archway, and compensated Zhan for the loss of 1 yuan. Du refused to accept and appealed. The court of second instance ruled that although Zhan had no copyright on the picture of "Eight Immortals Crossing the Sea" copied by Du Mou, Du Mou's unauthorized signature on the painting made by others constituted infringement, and should eliminate the influence and compensate for the losses. Therefore, the original judgment was upheld.

legal analysis

the key of this case lies in the attitude towards copying behavior. According to Article 52 of the current Copyright Law, copying is a kind of copying behavior. But in reality, some scholars believe that copying contains creative behavior. Some people divide copying into two types, namely, "copying" copying and "making" copying. For copy-copying products, the copywriter does not enjoy the copyright; As for the "production" with creative significance, which reflects the artistic expression of the copyist, it is far from a simple copy. It is a new work made by the copyist according to his creative skills and skills, and the copyist should enjoy relatively independent copyright "

Intellectual property rights, also known as" intellectual property rights ",refer to" property rights enjoyed by the obligee on the intellectual labor achievements he created ",which are generally only valid for a limited period of time.

adopt me, thank you!

2. Is there any case of intellectual property protection

My Sour Sweetness is Me, which is a representative song of Super Girl Baby Zhang. Recently, this song was included in the Complete Works of Chinese Jin Dian published by Jilin Audio and Video Publishing House, which triggered a lawsuit.

Baby Zhang's brokerage company-Beijing Tianzhong Culture Development Co., Ltd. sued Beijing Wonderful Unlimited Audio and Video Co., Ltd., Hebei Jiyuan Optoelectronics Co., Ltd. and Jilin Audio and Video Publishing House to the Dongcheng District People's Court in Beijing, demanding compensation of 3, yuan for economic losses. According to the original report, Super Girl Baby Zhang is its signing artist, and the plaintiff provided copyright to publish Super Girl's first album "I am very Baby Zhang", including the song "Sweet and sour is me", so the plaintiff has the right to record the song.

in 27, the plaintiff discovered that the first defendant, Beijing Wonderful Unlimited Co., Ltd., had sold a CD with the color title of "Latest Popular All-Main" copied by the second defendant, Hebei Jiyuan Optoelectronic Company, and published by the third defendant, Jilin Audio & Video Publishing House. The CD contains the song "Sour and Sweet is Me". The defendant's behavior has not been approved by the plaintiff, and has not obtained the plaintiff's authorization, which has caused great economic losses to the plaintiff. Therefore, the defendant is required to immediately stop the infringement and compensate the plaintiff for the economic loss of 3, yuan.

During the trial, in order to support his claim, the plaintiff showed the court the Broker's Peace Treaty signed by the company and Super Girl Baby Zhang, which stipulated that all songs performed by Baby Zhang should be owned by the plaintiff. Since Baby Zhang was under 18 when the contract was signed, the contract was signed by his mother.

in view of this, the three defendants have no objection to the plaintiff's rights. At the same time, the defendant Beijing Wonderful Unlimited Audio & Video Co., Ltd. fully admitted the sale of the infringing CD involved, but suggested that the defendant had legal channels to purchase the CD, and had completely stopped selling it after September 2, 27.

The other two defendants also recognized the publication and distribution of pirated CDs, but thought that the amount of compensation demanded by the plaintiff was too high. In addition, the defendant Hebei Jiyuan Optoelectronic Company believed that the CD was copied by the defendant Jilin Audio-visual Publishing House, and the tort liability should be borne by Jilin according to the power of attorney.

In view of the fact that the first defendant Wonderful Unlimited Company has stopped selling, the plaintiff withdrew the lawsuit against the company in court, but still claimed that the other two defendants * * * were jointly liable for compensation. The case was not pronounced in court.

3. Protecting Intellectual Property Composition

Respect intellectual property rights. As long as intellectual property rights exist in the world, the world will be fair and just; Many people, in order to covet profits, do not hesitate to cheat money by some unscrupulous methods. The diabolical methods are as numerous as sand, and the number is countless. What makes me most indignant will be this matter.

Today, the art teacher said to build a model using white latex. After school, I couldn't help but run into Jiaye's sales market and bought a white latex that everyone agreed with within a few seconds per hour. After that, I began to build a model, with white latex and the main material-toothpick in one hand. I was just about to put white latex on the toothpick, but white latex insisted on opposing me and refused to "come out" anyway. I couldn't help it. Although I did my best, white latex was equally indifferent. I think: I bought a bottle of white milk education before, and it is not as stubborn as this one. Is it … is it impossible that this bottle of white milk education is a "fake"? So, I decided to get to the bottom of it, and took out the previous bottle for comparison. In comparison, it was really flawed and full of loopholes everywhere. I was shocked and shouted, "How is it possible!" Take a closer look and find that the brand paper on the surface of the bottle of white latex just bought is quite different. Although it looks almost the same size as the previous bottle, there will always be an inconspicuous small "R" trademark in the middle of the old bottle, and even the shadow of the trademark can't be seen in the new bottle. I think it has already "escaped". This evidence proves that my idea is right-the newly bought white latex is a "fake". So, I pressed the old white latex with light force, and the mucilage flowed out without hesitation. It didn't take me much trouble to use all my strength. Yes, compared with the newly bought white latex just now, it is simply vulnerable. I opened the lid again and poured out some old bottles of mucilage. I found that the mucilage was slippery, white and flawless. But on the contrary, pouring out the glue of the bottle of white latex that I just bought, I found it was a group of glue, which was not smooth at all; In obvious contrast, the new white latex is really not as good as the old one! What pains me is not that I bought "fake" white latex, thus wasting my money, but that I hate those people who are crazy about money. They are simply lawless and arrogant, deceiving our attitude towards business and taking advantage of our customers' trust in them, so it is disgusting to do such unscrupulous things. Such people should be severely punished.

If there is no fairness and justice that the world should have, the world will become foul, and those who pirate and sell "counterfeit goods" will be severely punished by law, because they no longer recognize the intention of "respecting intellectual property rights" in their eyes. What's more, those people should reflect on themselves, stop being "lured" by money, and stop doing things that violate intellectual property rights. Then, the world will be more fair and just.

4. Respect knowledge and protect property rights composition

"Knowledge is power", which is exactly right.

In today's society, unlike the wars in the past, the world is basically peaceful, and there are too many "civil servants" than "military officers". The wisdom of so many "civil servants" is amazing.

someone once gave an example: when making a mobile phone, the producer can only get 2% profit, while the inventor can get 8% profit. This shows that the value of wisdom is enormous.

countless people, countless wisdom and ideas are intertwined, resulting in a new problem-intellectual property protection. In the past, there were countless people or things that didn't know how to protect intellectual property rights: small brands gradually became famous, but they were already registered by others when they were preparing to register their trademarks; Personal works are published by others, but they cannot be proved to be their own; Personal inventions are imitated by others, but there is no way to start; China's Dragon Boat Festival was registered by South Korea, and even more resentful, it was recognized internationally.

but what can we do about it? People don't violate the law, they are "legal". If they want to pass, they can only blame our country for paying too little attention to the protection of culture! So many serious consequences caused by the failure to protect intellectual property rights have shocked people! Everyone has started corresponding protection. However, "interest first" has long been deeply rooted in people's hearts! They try their best to steal other people's intellectual achievements.

Be careful and leave the law blank, but what's more, it is blatantly copied directly. Gradually, all kinds of "shanzhai" and "piracy" emerged one after another.

In any busy place, there must be stalls selling all kinds of pirated CDs on both sides of the road. There are also stalls selling pirated books, which reminds me of a story: in a poor mountainous area, children need to use dictionaries when studying, but because of poverty, there are only two in the village, but they are still pirated.

After learning where the teacher was teaching, * * * City mobilized others to donate books for the children, and finally let the children use genuine dictionaries. Thinking of this, I can't help but feel an indescribable sadness in my heart ... The appearance of pirated software, pirated books, pirated CDs, pirated movies ... These things are all carried away by people's interests! In order to save money, we do everything possible to find "cracking software"; In order to save money, we kept wandering in front of roadside stalls. In order to save money, we … there are so many examples, which are really too numerous to mention! Society has progressed, people's material life has improved, but what about people's thoughts? Because of piracy, real publishers can't make money; Publishers face bankruptcy if they can't make money; After the bankruptcy, we can't provide people with better products ... Everything is linked by a link, and our "first link" is not fastened well. In the end, it is ourselves who are unlucky! In the evening, I opened a website and wanted to continue to watch foreign blockbusters "for free", but found that many films were missing.

Looking back on the recent newspapers, I first understood, then confused, then dissatisfied, and then suddenly realized. At last, I calmed down and understood all this-the country finally began to strictly investigate piracy and strengthen intellectual property protection.

5. Ask for 1 legal short stories

[Share] three legal short stories, so that you can experience the close relationship between law and life. As soon as Ms. Zhang got up, she heard a lot of noise in our yard: it turned out that an old man in their yard was a little slow because of his old age, and he ran over someone else's puppy on his bicycle, and the dog leader was adamant; Have to force the old man to pay compensation.

actually, there was no big problem, just a little bump on that beast! When Ms. Zhang saw this situation, she dressed and went downstairs. After asking about the time of pressing the dog; Say to the man: "First; We need you to show me your legal dog-raising license. Second; The time for you to walk your dog is wrong. According to the relevant laws of Liaoning Province, it is from 7 pm to 7 am the next day! Third; You should be glad that your dog didn't shake the old man, otherwise the consequences will be your own! " After listening to Ms. Zhang's words, the dog leader also consciously lost money, struck up a few words and left! From this story, we can see that: master more legal knowledge; It can really achieve the goal of minimizing major issues and minimizing minor issues! Story 2: Mr. Wang works in other places, far away from home, and usually goes home less, mostly by telephone. One day, he was working at work, and his father called and said, "Yesterday, your uncle and I had a terrible quarrel over the division of hilly land. Your uncle said that he was going to find someone to beat me."

A few days later, my father called again: "The matter of staying in the mountain has not been settled, and new problems have come again." As soon as Mr. Wang heard the drums beating in his heart, he even asked what was going on. His father said, "Your second uncle and I have quarreled again because of the room problem. I'm going to beat your second uncle. If I make him inappropriate, I'll throw caution to the wind even if I take a cell."

"He also asked Mr. Wang how many years' imprisonment he would get for injuring someone. Mr. Wang quickly said, "You have to listen to me anyway this time. Don't worry."

Father said, "Speak quickly and cut the crap." Mr. Wang told him that beating people is criminally responsible, and they are also liable for damages if they are injured. It is better to reconcile things between brothers.

both the private hill and the hall are regulated by the general principles of the civil law, but they also involve the relevant provisions of the law of inheritance, which is hard to say clearly on the phone for a while. So, Mr. Wang sent back the legal knowledge about the general principles of the civil law and the law of inheritance and the relevant evidence needed in the settlement, hoping that he and his uncle could solve the dispute through legal channels. Two months later, my father wrote and said, "My dispute with your second uncle was solved by legal means, and everyone had no objection.

In recent days, our relationship has gradually improved. " It is said that since then, my father has told relatives and friends what he has learned about law when he is free.

Later, my father became more and more interested in legal knowledge. What happened in the village, he always called Mr. Wang for advice. This story shows that the law seems far away, but in fact it is very close to life, and it solves things that are closely related to the daily life of ordinary people.

three stories? Male [jiao avoid box? Guide Han? What's the matter with you? Drop na? Ping? R go out, whether it's a five-minute walk or a fifty-minute distance, as long as? When it rains, he is used to riding by car. It was raining heavily this day, and Xiaoji thought that he couldn't go to school by bus today, so he had to take an umbrella and take a ride to school.

have a rest at noon? R, Xiao Ji suddenly found that the report to be handed in in the afternoon was left at home and forgotten? So he? Q will go home. Xiao Ji used to walk to his usual parking place and looked for it for a long time? From today? K？ ] Have a ride? W school

here? R Xiaoji found that the key of a motorcycle was still inserted in the car. ] Have you been unplugged? ] I wanted to give the key to the school guard room, but he remembered that he had to go home. How is it today? ] I have a bike, so I might as well borrow it! He estimated? A round trip? R room, about half a size? r？ Dye and smear the tip? W school, then replace? Master of the son? [14] Cut down and catch bad arrogance? Lang? Maybe? The owner of the child doesn't know his own? Zi has been borrowed and ridden! Riding? On the way home, I met the police patrol. The police asked Xiaoji to take out his driver's license? Alliance? Xiao Ji, who has a driver's license, explained to the policeman that he just borrowed this motorcycle, and? ] It means to steal. If Xiao Ji can prove to the judge in charge that he is not? ] there is illegal intention, and the judge believes his words, then his behavior is not? ? ψ What's the reason for this? ? What's wrong with the ring-shaped job's tears? Do you know yourself? It is difficult to have illegal intentions.

so, as long as it's not your own? | West, it is best not to borrow or take care of others, so as not to provoke? The upper body doesn't know it. The story of legal protection in several short stories: who is responsible for the injury caused by work at school? Sun Xiaoming is a junior one student in a middle school. Not long ago, he was injured when he was working at school, and he was very depressed.

Xiaoming's school is a rural junior high school, and several classrooms have been in disrepair for a long time. The school decided to demolish these classrooms during the winter vacation.