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OPINIONS OF THE STATE COPYRIGHT BUREAU ON WHETHER COMPUTER CALLIGRAPHY CONSTITUTES INFRINGEMENT |
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(No. 40 [2003] of the National Copyright Administration promulgated on December 11, 2003) |
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SUBJECT : COPYRIGHT; COMPUTER CALLIGRAPHY |
ISSUING DEPARTMENT : NATIONAL COPYRIGHT ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 12/11/2003 |
IMPLEMENT DATE : 12/11/2003 |
LENGTH : 152 words |
TEXT : |
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I. The complainant has proved that his computer calligraphy is completed through artistic processing by entrusting someone else to select a certain computer character style. Although this kind of calligraphy is produced on the basis of the present computer character style, its artistry might not be highly valued and it might be completed all through the computer, it shall still be deemed as an intellectual achievement that is of original creativeness and can be reproduced in a certain tangible form.
II. No one may discretionally reproduce a computer calligraphy that is the complainant's works of fine art, or even use it on the packing of the same category of commodities. However, if the complained party can prove that his own character style of "beef immersed with pepper" is independently designed without reference to the complainant's original character style, that will not constitute an infringement upon the complainant's computer calligraphy.
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