Do you sell infringement yourself?

Ms. Wang, a netizen, is a handicraft enthusiast and often makes some game characters to play with. Recently, she posted these handmade products online, and many netizens sought after them and wanted to buy them. A lady doesn't know whether she can sell her handmade products online and whether it will involve infringement. Let me answer this question.

First of all, do you do it yourself?

If it is made only for personal appreciation and use, it is not infringement, but if it is used for profit-making business, it is infringement.

Second, the legal provisions on infringement.

Article 22 of the Copyright Law: Under the following circumstances, a work may be used without permission or payment to the copyright owner, but the author's name and the title of the work shall be specified, and other rights enjoyed by the copyright owner according to this Law shall not be infringed: (1) Use the work of the copyright owner;

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) inevitably copying and quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report current news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast articles on political, economic and religious current affairs that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating or reproducing a few published works for the use of teaching or scientific research personnel, but not publishing them;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

Libraries, archives, memorial halls, museums, art galleries, etc. , in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging the public or paying remuneration to the performers;

(ten) copying, painting, photography and video recording of works of art set up or displayed in outdoor public places;

(eleven) China citizens, legal persons or other organizations written in Chinese and published in China;

(12) Published works are published in Braille.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

Article 23 When compiling and publishing textbooks for the implementation of the nine-year compulsory education and the national education plan, unless the author declares in advance that they shall not be used, the published fragments, short texts, musical works or single works of art and photography may be incorporated into the textbooks without the permission of the copyright owner, but the remuneration shall be paid in accordance with the regulations, the author's name and the title of the works shall be marked, and other rights enjoyed by the copyright owner according to this Law shall not be infringed.

The provisions of the preceding paragraph shall apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations and television stations.

According to the relevant laws and regulations, if the game maker only uses it for himself or for small-scale appreciation, it is not infringement; If it is used for commercial purposes, it must be approved and authorized by the owner, otherwise it may be investigated for tort liability.