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如果我用自己的相機拍別人的畫之後刊登,這算不算侵權呢?

如果我用自己的相機拍別人的畫之後刊登,這算不算侵權呢?

因為在肖像權上,部相機係我既影甚麼都不算侵權的。唔知係唔係呢?

2 Answers

Rating
  • 1 decade ago
    Favorite Answer

    Nah. You can refer to Douglas v Hello.

    Depending on the nature of the imagery, you may be sued for breach of confidence.

    3 considerations:

    a. whether the imagery is confidential (to determine this, we'll adopt the Australian test invented in Lenah Game Meat. If the information disclosed is highly offensive to a normal person of ordinary sensibilities, it will be considered confidential.

    b. whether you have an obligation to protect the info. An obligation will be imposed if you know or ought to have known that it is confidential.

    c. the dissemination of the info causes harm to the plaintiff

    If all these considerations are satisfied, probably you have already committed breach of confidence, which is a kind of tort.

  • Anonymous
    1 decade ago

    侵犯知識產權指未經版權持有人許可,以實體形式重新產生作品,例如:複製

    你這也算複製,你經版權持有人許可便不算侵犯知識產權。

    香港無肖像權的。

    會唔會俾人告就不知,要看當事人有否發現你和有否想告你。

    其實去知識產權署網站便知,覺得我騙你分可以刪除問題。

    http://www.ipd.gov.hk/

    Source(s): 知識產權署
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