Taobao steals pictures? Copyright infringement, hurry up and check it after reading it

Copyright infringement, also known as copyright infringement, refers to the act of using other people's works or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis, as well as other acts that damage the legitimate rights and interests of the copyright owner as stipulated by law.

After reading this, it feels like absorbing the spiritual energy of heaven and earth. The definition of the essence of the sun and moon must be as dizzy as Xiangzi. However, don’t panic. Xiangzi took out the following three long-lost copyright cases to analyze and interpret them one by one:

Types of copyright infringement and typical cases

1. Artwork - Case 1:

The copyright holder's work looks like this

The goods suspected of infringement look like this

(Note that the child in the middle of the main picture of the product is obviously his biological child, and it is the same as the copyright owner who registers copyright works)

2. Artwork - Case 2:

The copyright holder's work looks like this

The goods suspected of infringement look like this

3. Text works: The text content cannot be plagiarized at will!

The copyright holder's work looks like this

Infringing products look like this

Unclear and powerful!

It turns out that infringement often occurs inexplicably like Jiang Zi.

After we have a preliminary understanding of what behaviors will infringe others' copyrights, let's review a typical case of real copyright infringement by Taobao sellers.

【Typical Copyright Infringement Cases in 2016】

Xiaotao has been determined to be a designer since he was a child. The first step is of course to design an original T-shirt of his own. Xiao Tao referenced a large number of cartoon images and finally chose Mickey Mouse's cartoon pattern as the prototype, and completed the creation with his own design elements. Once the product was launched on the market, it became very popular, and Xiaotao proudly praised his "original" works.

Xiaotao design drawing and Mickey Mouse prototype drawing

Unexpectedly, the link was complained and deleted just a few days ago. However, Xiaotao's appeal compared the differences between the two cartoon images in detail, listed the differences in pictures and texts, and submitted the complaint materials with confidence, and felt a little resentful: "The complainant is really true. The clothes and shoes are obviously different in color, and the ear sizes are also different. It was clearly designed by me, so why do I still complain to me?"

When Xiao Tao received the notice of "the appeal is not established", he was furious. It was clearly designed by me myself, and there were so many differences, so why didn't he support my appeal? Xiaotao quickly contacted the waiter again and realized that he had thought that some subtle elements had been modified, and the two cartoon images had different differences, so he designed his own "original" work. In fact, although there are nuances, at first glance, Xiaotao's modified "work" is essentially the same as Mickey Mouse's well-known image and has no originality.

Looking at the copycat version of "Mickey Mouse" he designed, Xiao Tao fell into deep thought.

Copyright infringement complaints

If you have been complained or have encountered such a worry and don’t know what to do, prepare one of the following materials (you can successfully submit an appeal if you satisfy one), and you can use it with confidence and boldness.

1. The complained product is a work authorized by the copyright owner or a certificate derived from the right holder.

Claim to obtain direct authorization from xx (right owner name) or have a purchase certificate from the right owner

2. The copyright certificate or the copyright of the complained product is obtained through legal channels from the third party intellectual property owner (except the right holder)

① Provide copyright certificate (the registration date must be earlier than the public date of the right holder’s work)

② Copyright owner’s authorization certificate or purchase certificate (rights are only required only if they are from a third party)

③ Provide identification information: (It is only required if the third-party right holder is an individual)

3. There is a substantial difference between the complained work and the work that the complained party owns copyright.

① Copyright works of the complainant

② Picture of the complained product

③Different points of difference

4. The complained work has been produced before the complaining party is published publicly

①Pre-sale on Alibaba platform (1688, Taobao, Tmall) (the date must be earlier than the date of public publication of the work by the right holder)

Order selection platform: Taobao/Tmall, 1688

Order number:

② The information of the portal website that has been published before (the date must be earlier than the date of public disclosure of the work of the right holder)

Public web link address

Web product screenshot:

③ Information that has been disclosed through paper media:

Paper media name: Tianjin People's Art Publishing House

Issue No.: ISBN978-7-5305-4067-1

Release date; July 2012 (the date must be earlier than the date of public publication of the work of the right holder)

Paper media product picture:

[Previous (Intellectual Property Stealing Pictures) Hot Comments FAQ]

1. If the product is sold in a sales relationship and the seller does not take action during the transaction, how can we avoid infringement of theft of pictures?

Answer: If your product comes from agency sales, please contact the supplier first, request the original photo pictures of the treasure main picture and detailed picture, and keep these information vouchers to avoid subsequent disputes on theft of pictures and protect rights.

2. Ordinary pictures stolen between sellers, copyright infringement, design pictures stolen, plagiarism on publishing product pages, and text description plagiarism how to protect rights?

Answer: At present, intellectual property rights protection requires corresponding rights qualifications, that is, you can find the National Copyright Administration or other copyright registration authority to register your intellectual property content, such as your original design drawings, text descriptions, etc.

There are two types that Taobao can currently accept:

①If there is no copyright application, but there is an original picture taken (the original picture refers to a picture taken directly by the camera or mobile phone, without processing) If you want to protect your rights and complain about other sellers who use theft (the complaint originating website < https://jubao.taobao.com >, click to steal other people's pictures to complain);

② Have registered intellectual property content with the National Copyright Administration, have relevant copyright registration certificates, and have the ownership of relevant pictures. You can initiate rights protection complaints (specific complaint initiation website

< https://ipp.alibabagroup.com/index.htm >, please refer to related registration issues

https://service.taobao.com/support/seller/knowledge-6674424.htm?spm=0.0.0.0.Pp4mDY ).

3. If it is a scene picture found online, then take a photo of your own product and pried it into the scene picture online, is it considered a stolen image? For example, wall hangings are often done like this. Is this considered stealing pictures?

Answer: If the picture is considered to be stolen, if the scene picture is created by the right holder himself or someone else, the copyright will be automatically obtained from the date of completion of the creation, and the right holder can initiate a rights protection complaint.

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