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If the name is the same as someone else's name, is it considered an copyright violation?

2024-09-10 22:18
2024-09-11 02:41

Having the same name as someone else doesn't necessarily constitute an copyright violation. 1. Whether the name is in the public domain, such as the name of a country, a place, an organization, etc.; 2. Whether the name is original or whether it has used the work of others without permission; 3. Whether the name is deliberately plagiarized without permission; 4. Whether the name is deliberately imitating the work of others without permission; 5. Whether the name is a malicious imitation of someone else's work without permission. According to China's " copyright law ", only original names could be considered as an copyright violation, while names that were reasonably used could not be considered as a copyright violation. Therefore, if the name is not an original name, but the first use of another person's work without permission, it will constitute an copyright violation. It should be noted that in the case of dealing with the same name, other relevant factors such as whether it is misleading, whether it is easy to be confused, and other comprehensive judgments must be considered to determine whether it is a violation.

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