The advertising slogan is the same as someone else s, will it infringe?

1) Publishing a 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 wealth;

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 by means of exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure 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 in this Law;

9) Without the permission of the publisher, using the layout design 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;

More detailed information could be provided to provide more accurate legal advice.

Legal analysis: some commonly used words do not constitute copyright infringement; Whether the advertising words are infringing should be judged in a complete advertising sentence, whether there is a situation of copying the advertising words of other copyright owners, and if not, then there is no infringement. Copyright is a kind of original right, as long as you can prove that your advertising words are original to you, even if they are exactly the same, it is not infringing.

Legal basis: Criminal Law of the People's Republic of China

Article 217:Where, for the purpose of making profits, there are any of the following circumstances of infringement of copyrights or copyright-related rights, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given

1) Without the permission of the copyright owner, reproducing, distributing, or disseminating to the public through information networks, their written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;

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

3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;

4) Without the permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;

5) Producing or counterfeiting works of art signed by others;

6) Without the permission of the copyright owner or copyright-related rights holders, intentionally avoiding or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth.

Article 218:Where, for the purpose of making profits, a copy of an infringing copy is clearly known to be an infringement as provided for in article 217 of this Law, and the amount of unlawful gains is huge or there are other serious circumstances, a sentence of up to five years imprisonment is to be given, and/or a fine.

Some commonly used words do not constitute copyright infringement; Whether the advertising words are infringing should be judged in a complete advertising sentence, whether there is a situation of copying the advertising words of other copyright owners, and if not, then there is no infringement. Copyright is a kind of original right, as long as you can prove that your advertising words are your original, even if they are exactly the same, they are not infringing.

Objects of copyright protection.

1) Written works;

2) oral works;

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

6) Cinematographic works and works created by methods similar to those used to make films;

7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

8) computer software;

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

Copyright is not subject to protection.

1. It does not have the substantive conditions of the work, mainly including calendars, general number tables, general ** and formulas.

2. For the purpose of protecting the interests of the state or the public, it is not appropriate to use the Copyright Law for protection.

1) Laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, as well as official translations thereof;

2) Current affairs news (Article 5 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China stipulates that the current affairs news in the Copyright Law and these Regulations refers to the reporting of simple factual news through newspapers, periodicals, radio stations, television stations, etc.). )

Substantive conditions refer to the requirements of the law for works, and there are generally two criteria. One criterion is that as long as a particular thought or emotion is given a certain literary and artistic form, whether that form is the whole or a part of the work, and whether the work has been fixed in a certain material form, it can be considered a protected work according to law. Another criterion is that, in addition to the general conditions for being a work, that is, to be manifested in a certain literary and artistic form, it is also required that the form be fixed through a material carrier in order to be protected by copyright law.

According to this criterion, oral works and some improvised dance, **, and opera works may be excluded from the protection of copyright law. Article 2 of the Berne Convention provides that it is up to each country to decide whether or not to provide copyright law protection for works that are not fixed in the form of a material carrier. China's copyright law adopts the first standard.

Oral works, etc., can be protected under the Copyright Law. Therefore, the so-called substantive conditions refer to the fact that the law takes the production of literary and artistic works as the only legal fact for obtaining copyright.

The method of determining the infringement of advertising slogans is that the infringer's infringement of rights has led to the consequences of infringement; There is a causal link between the tort and the damage; The infringer is subjectively at fault; The infringer has committed an infringing act. At this time, the victim may request the infringer to bear the corresponding responsibility.

Civil Code of the People's Republic of China

Article 1165.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

The Civil Code of the People's Republic of China

Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Summary. Pro, legal analysis: some commonly used words do not constitute copyright infringement; Whether the advertising words are infringing should be judged in a complete advertising sentence, whether there is a situation of copying the advertising words of other copyright owners, and if not, then there is no infringement.

Pro, legal analysis: some commonly used words do not constitute copyright infringement; Whether the advertising words are infringing should be judged in a complete advertising sentence, whether there is a situation of copying the advertising words of other copyright owners, and if not, then there is no infringement. Copyright is a kind of original right, as long as you can prove that your advertising words are your original cheats, even if they are exactly the same, they are not infringing.

Legal basis: Article 217 of the Criminal Law of the People's Republic of China: Whoever, for the purpose of making profits, infringes on copyrights or copyright-related rights in any of the following circumstances, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given

1) Without the permission of the owner of the right to reproduce, distribute, or disseminate to the public through information networks, his written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations; 2) Publishing books in which others enjoy exclusive publishing rights; (3) Reproducing, distributing, or disseminating to the public the audio or video recordings produced by them through the Xinzhi Shenzhi Network without the permission of the producer of the audio or video recording; 4) Without the permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;

5) Producing or counterfeiting works of art signed by others; (6) Without the permission of the copyright owner or the person searching for copyright-related rights, intentionally avoiding or destroying the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth.

Article 218:Where, for the purpose of making profits, sells copies of the infringing products that are clearly known to be made by Jifeng as provided for in article 217 of this Law, and the amount of unlawful gains is huge, or there are other serious circumstances, a sentence of up to five years imprisonment is to be given, and/or a fine.

As for the protection of advertising slogans, there are no clear provisions in China's laws at present. In judicial practice, some advertising slogans will be recognized by the court as literary works with copyright and will be protected. However, such advertising slogans must have creative and obvious characteristics, which can directly and fully reflect the brand characteristics and corporate image, such as "beautiful air conditioning, beautiful world", "coconut wind can't stop" and so on.

Advertising slogans that are too generalized, lack originality and have obvious traces of imitation cannot be protected by law.

Therefore, we suggest that the design of the company's advertising slogan should be as distinctive as possible and carry out copyright registration, so that it can obtain fuller judicial protection in the event of a dispute. Therefore, advertisements that have been registered for copyright are copyrighted.

1. Relevant legal provisions.

All kinds of works specified in Article 3 of the Copyright Law of the People's Republic of China can apply for registration. Includes: written works; oral works; **, drama, opera, dance, acrobatic artworks; works of fine arts and architecture; photographic works; cinematographic works and works created in a manner similar to that of filmmaking; engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; computer software; Other works provided for by laws and administrative regulations.

According to Article 4 of the Regulations for the Implementation of the Copyright Law, the meaning of the above work refers to:

1) Written works refer to works expressed in written form, such as **, poems, prose, **, etc.;

2) Oral works refer to works that are expressed in the form of oral language, such as impromptu speeches, lectures, and court debates;

3) ** works refer to songs, symphonies and other works with or without words that can be sung or played;

4) Dramatic works refer to dramas, operas, local operas and other works for stage performances;

5) Quyi works refer to works performed in the form of rap, such as cross talk, quick books, drums, and storytelling;

6) Dance works refer to works that express thoughts and emotions through continuous movements, postures, expressions, etc.;

7) Acrobatic works of art refer to works of acrobatics, magic, circus, etc., which are expressed through physical movements and techniques;

8) Art works refer to paintings, calligraphy, sculptures and other two-dimensional or three-dimensional plastic art works with aesthetic significance composed of lines, colors or other means;

9) Architectural works refer to works of aesthetic significance expressed in the form of buildings or structures;

10) Photographic works refer to works of art that record the image of objective objects on photosensitive materials or other media with the help of instruments;

11) Cinematographic works and works created by methods similar to those used to produce films refer to works that are filmed on a certain medium, consisting of a series of pictures with or without sound, and which are projected or otherwise disseminated with the help of appropriate devices;

12) Graphic works refer to engineering design drawings and product design drawings drawn for construction and production, as well as maps and schematic diagrams that reflect geographical phenomena and illustrate the principles or structures of things;

13) Model works refer to three-dimensional works made according to the shape and structure of objects in a certain proportion for display, experimentation or observation.