A work of art is the intellectual achievement of an artist, as well as the embodiment of his personality and style. However, there has been a shocking incident recently, some primary and secondary school students in the National Children's Art Exhibition, actually submitted a number of *** works, some are even exactly the same as the original, only slightly changed some details. These works not only infringe on the copyright of the original author, but also damage the reputation and level of art education.
It is reported that some of these works are copies of the works of well-known artists at home and abroad, some are copies of the best circulated on the Internet, and some are copies of the works of other students. These works are marked as "original" and signed by the instructor at the time of the exhibition.
The plagiarism of these works has aroused strong dissatisfaction and condemnation from the original author and the public. Some of the original authors said that their works were formed after years of creation and tempering, while these students and teachers plagiarized without creativity, which not only infringed their intellectual property rights, but also caused harm to their artistic creation.
Some members of the public also said that these plagiarized works are not only disrespectful to the original author, but also irresponsible for art education. They believe that art education should cultivate students' creativity and aesthetic ability, rather than teaching them how to plagiarize and cheat. They called on the relevant departments to seriously deal with these plagiarized works and the people involved, and at the same time strengthen the regulation and supervision of art education to prevent the recurrence of similar incidents.
So, are these *** works "borrowing" or "plagiarism"?How to define the infringement standard of art works?
According to the provisions of China's Copyright Law, works of art refer to paintings, sculptures, calligraphy, seal carvings and other two-dimensional or three-dimensional works of art. Authors of works of art, regardless of whether they are published or not, enjoy copyrights, including the right of authorship, the right of publication, the right of modification, the right to protect the integrity of the work, the right of reproduction, the right of distribution, the right of exhibition, the right of information network dissemination, the right of compilation, the right of adaptation, the right of translation, the right of rental, etc.
The author of a work of art can do as he likes.
Decide whether to publish your work publicly, and whether to authorize others to use your work. Copying, distributing, exhibiting, compiling, or disseminating his work to the public through information networks, or adapting or translating his work, without the author's permission, may constitute an infringement of his copyright.
So, how to determine whether a work of art constitutes an infringement of another work of art?At present, the industry's method for determining plagiarism in art works is mainly to compare three factors: originality, contact and substantial similarity.
The so-called originality means that the art work is completed independently by the author, and has a certain degree of intellectual creativity, which can reflect the author's unique intellectual judgment and choice. The originality of a work of art is often expressed in terms of quality, color, image, composition, etc., but there is no clear explanation of the criteria for determining originality in China's legislation or judicial interpretation. Judging from China's current judicial practice, China's laws do not have high requirements for originality, unless it is some simple and random graffiti, and art works with "a certain aesthetic and artistic height" can generally be protected by the copyright law.
For the disputed work, after confirming the originality of the art work, whether it constitutes copyright infringement shall be determined by the standard of "contact + substantial similarity".
The so-called "contact" does not necessarily refer to seeing or touching, but refers to the possibility of contact, that is, the alleged infringer may have access to the infringer's work. If a work of art has never been published, it indicates the possibility of no contact, and the absence of contact cannot constitute infringement;If the work is published publicly, such as an article published on the Internet, a book is published, a painting is publicly exhibited, etc., regardless of whether the accused infringer has seen the work, it can be presumed that there is a possibility of "contact".
"Substantial similarity" means that the infringer's work is similar to the infringer's work to a certain extent. When comparing the degree of similarity, it is necessary to distinguish which are the original parts of the work, and only the original parts constitute substantial similarity can constitute infringement.