Quick Review | Is Mifei Rabbit Is the copyright work or public symbol? Can you answer by the law

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(Icphoto / figure)

There is also a well-known artist in China to fall into a plagiarism. Recently, the image of the duck rabbit in the “Duck Rabbit New Year” of the Guangzhou Academy of Fine Arts, because it is similar to the high degree of well-known cartoon image, and is questioned. Feng Feng responded that it was based on “public symbol” again. The Mifei rabbit is copyrighted by copyright, or the public symbol requires a clear definition of the judiciary.

According to the comparative map issued by netizens, the image of the duck rabbit in Feng Feng is very similar to the rice rabbit, and the difference is that the mouth is replaced by a duck mouth. Not only the image is similar, and some works in Feng Feng duck rabbit exhibition are almost exactly the same, such as the scenes of the three rabbits, three characters, the layout of the table cup tray is the same, The placement of beans in the plate is exactly the same. Is this “work”, is it plagiarism?

Of course, Professor Feng does not think this is plagiarism. However, he did not deny his work and the contact of the rice rabbit. He responded that he was created using public symbols. He said that all public symbols, especially commercial public symbols, is the “word” created by artists, and Mifei, which can constitute public memory is one of the public symbols.

Professor Feng also said that he has studied the problem of duck rabbit for two or three decades. Indeed, there is a famous duck rabbit problem in psychology (the same picture, it may be considered a duck head, or it may be considered a rabbit head). However, Professor Feng’s work in this issue is very different from the Mifei rabbit, which is a bit similar to the Duck rabbit map drawn by a well-known psychologist JosephjaStrow.

Is the rice rabbit “public symbol”? Not only Professor Feng, some people think that Mifei rabbits have exceeded the copyright protection period, and have entered the public domain, and everyone can use their image to create or even profit.

Copyright Act does specify some copyright protection period for the work, and expire no protection. China’s copyright law stipulates that the author’s work is the author’s work, the author’s work (job work), the author’s work (positioning work), the first time the work was first published for the first time. The rice rabbit was created and published by the Dutch famous painter Dick Brun in 1955. Dick Bruna died in 2017. According to the Chinese copyright law, if the authors of the Mifi rabbit image is Dick Bruna individual, the defense of its protection is 50 years after Dick Bruna, still in the protection period. However, if the rice rabbit is Dick Bruna as a job creation of publishers, that is the first 50 years after the first time, it has expired. What is the image of the Mifi rabbit, and the current copyright owner is required to make evidence and is determined by the court.

However, copyright law also stipulates that the author’s right to sign the right, modify the right, and the protection period of the complete power of the work is not limited. Professor Feng’s modification of the image of the rice rabbit, invades the modification of the Miki rabbit enjoyed by Dick Bruna, and also requires the court to make a recognition.

In recent years, a well-known artist has ended an endless incident. For example, in February 2019, Belgian painter Christian Selvan publicly accused the domestic famous artist, and Ye Yongqing, professor Ye Yongqing, a professor of the Sichuan Academy of Fine Arts, and sold 10 times more expensive than the original. Ye Yongqing responded later that Sir Wan was an artist who affected its deep, but did not respond to whether it was copied. In April 2019, Chen Qi’s oil paintings, associate professors from the Central Academy of Fine Arts were exposed, plagiarging foreign artists JamesAustinmurray.

快评|米菲兔是版权作品还是公共符号?不妨由官司来回答

Unfortunately, these plagiarism have never been there. Is there a plagiarism? Whether an artistic image is well known by the public, it becomes “public symbol” free to use it? How to define the “tribute” and plagiarism? These problems cannot be identified by Professor Feng himself, but an authoritative judicial authority is needed to make a confirmation.

Similar artwork plagiarism can not be no longer. If the copyright owner of the rice rabbit and Professor Feng Feng play a lawsuit, let the justice come to clarify the relevant issues. After all, Professor Feng also said that if the infringement will have a law to sanctions, let everyone don’t worry.

Xin Ji Zhi