Does the publisher s use of the painting infringe copyright?

Without the knowledge of the original.

As a commercial production.

Paintings are protected by copyright law. The term of copyright protection of paintings is as follows: the life of the author and 50 years after his death, ending on December 31 of the 50th year after the author's death; In the case of collaborative works, by December 31 of the 50th year after the death of the author who died last.

The term of protection is 50 years, ending on December 31 of the 50th year after the first publication of the work; However, if the work has not been published within 50 years after the completion of the creation, the Copyright Law will no longer protect it.

1. What are the objects of copyright protection?

According to China's Copyright Law, the objects of copyright protection are:

1.Written works.

2.Oral works.

3.**, drama, opera, dance, acrobatic art.

4.Works of fine art and architecture.

5.Photographs.

6.Films, television productions, and works created in a manner similar to that of filmmaking.

7.Engineering design, product design drawings, maps, schematic diagrams and other base ridge graphic works and model works.

8.Computer software.

9.Other works provided for by laws and administrative regulations.

2. Creation of co-ownership of copyrights.

There are several situations in which copyright co-ownership arises:

1.Copyrights arising from collaborative creations are shared.

1) Two or more citizens cooperate to create a copyright and form a joint copyright.

2) Two or more units cooperate to jointly complete a work and form a co-ownership of copyright.

3) Individuals do not cooperate with the unit to complete a work together to form a copyright co-ownership by completing the work of the unit.

2.The copyright is co-owned by the agreement of the parties. If a citizen and a unit create a work for service, the two parties shall agree on the joint ownership of copyright through an agreement. The copyright of the entrusted work between the client and the trustee shall be shared by both parties in accordance with the agreement. Fight against infiltration.

Someone else's painting is a copyright infringement. However, if the person can obtain the consent of the copyright owner of the picture in time and pay the corresponding remuneration, it does not constitute infringement. According to the relevant laws and regulations, if the party ** the work of others, it shall obtain the permission of the copyright owner and pay the corresponding remuneration.

[Legal basis].Article 53 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

Where any of the following torts are committed, the civil liability provided for in article 52 of this Law shall be borne according to the circumstances; Where the infringing act harms the public interest at the same time, the department in charge of copyright shall order the infringement to be stopped, give a warning, confiscate the illegal blind rock gains, confiscate and harmlessly destroy the infringing copies, as well as the materials and materials, tools, equipment, etc., that are mainly used to make the infringing copies, and where the illegal business turnover is more than 50,000 yuan, a fine of between 1 and 5 times the illegal business turnover may be imposed concurrently; Where there is no illegal business revenue, the illegal business revenue is difficult to calculate, or is less than 50,000 RMB, a concurrent fine of up to 250,000 RMB may be given; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Destruction Law;

2) Publishing books in which others enjoy exclusive publishing rights.

Those who infringe on the copyright of works of art are to be sentenced to up to three years imprisonment or short-term detention and/or a fine. Article 217 of the Criminal Law: Where any of the following circumstances of copyright infringement are committed for the purpose of making profits, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) Reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; 2) Publishing books in which others enjoy exclusive publishing rights. (3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings; (4) Producing or counterfeiting works of art signed by others.

Copyright Law》 Article 47 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall, depending on the circumstances: (1) Publishing the work without the permission of the copyright owner; (2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or filming, or in methods similar to filming, or the work is used in methods such as adaptation, translation, or annotation, except as otherwise provided by this Law; (7) Failing to pay remuneration for the use of another person's work; (8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided by this Law; (9) Without the permission of the publisher, using the layout of the books or periodicals they publish; (10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance; (11) Other acts infringing on copyrights and copyright-related rights and interests.

Those who infringe on the copyright of works of art are to be sentenced to up to three years imprisonment or short-term detention and/or a fine. Article 217 of the Criminal Law: Where any of the following circumstances of copyright infringement are committed for the purpose of making profits, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given: (1) Reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books for which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings; (4) Producing or counterfeiting works of art signed by others.

Copyright Law》 Article 47 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall, depending on the circumstances: (1) Publishing the work without the permission of the copyright owner; (2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or film-making methods similar to filming, or the use of the work in methods such as adaptation, translation, or annotation, except as otherwise provided by this Law; (7) Failing to pay remuneration for the use of another person's work; (8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided by this Law; (9) Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher; (10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance; (11) Other acts infringing on copyrights and copyright-related rights and interests.

Someone else's painting is a copyright infringement. However, if the person has the permission of the copyright owner of the picture and pays the corresponding remuneration to carry out the painting, it does not constitute infringement. In accordance with the relevant laws and regulations, if the file is destroyed, the party shall obtain the permission of the copyright owner and pay the corresponding remuneration.

[Legal basis].Article 53 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.

Where any of the following torts are committed, the civil liability provided for in article 52 of this Law shall be borne according to the circumstances; Where the infringing act simultaneously harms the public interest, the department in charge of copyright shall order the infringing act to be stopped, give a warning, confiscate unlawful gains, confiscate and harmlessly destroy the infringing reproductions, as well as the materials, tools, equipment, and so forth that are mainly used to make infringing reproductions, and where the illegal business turnover is more than 50,000 yuan, a fine of between 1 and 5 times the illegal business turnover may be imposed concurrently; Where there is no surplus of illegal business revenue, the illegal business revenue is difficult to calculate, or is less than 50,000 yuan, a fine of up to 250,000 yuan may be imposed concurrently; If the blind rock becomes a crime, criminal responsibility shall be pursued in accordance with law

1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law;

2) Publishing books in which others enjoy exclusive publishing rights.

Legal basis: Copyright Law of the People's Republic of China Article 48 Where any of the following acts infringes upon the right to shout, civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) Reproducing, distributing, performing, screening, broadcasting, compiling, or disseminating their works to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; 2) Publishing books in which others enjoy exclusive publishing rights. (3) Without the permission of the performers, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided by this Law; (4) Without the permission of the producer of the audio or video recording, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law; (5) Unauthorized or reproduction of radio or television, except as otherwise provided by this Law; (6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or destroying the technical measures taken by the owner of the right to protect copyright or copyright-related rights for his works, audio or video recordings, etc., except as otherwise provided by laws and administrative regulations; (7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holder, except as otherwise provided by laws and administrative regulations; (8) Making, pretending to bury works signed by others.