Do I have to bear legal responsibility if my auction works infringe copyright?

In the real society, we all know that from the perspective of civil law, the judgment of whether there is fault depends on whether the perpetrator should have fulfilled his duty of care and whether he fulfilled the duty of care of an honest and kind person when he acted. In this regard, the editor of Legal Savior Network will give you a detailed introduction below on whether you need to bear legal responsibility for copyright infringement of auction works. I hope the content shared can be helpful.

Are you legally responsible for copyright infringement of auction works

Definitely yes, Distribution as mentioned in the Copyright Law refers to providing originals or copies of works to the public by way of sale or donation. Therefore, the auction is an issuance act. If the auction item is an infringing property, the auction will objectively harm the interests of the right holder. However, according to the law, unless otherwise provided, any person can only bear tort liability for faulty conduct. Therefore, whether the Auctioneer should bear infringement liability should also depend on whether the auctioneer subjectively knew or should have known that the auction items were infringing, or was at fault.

From the perspective of civil law, the judgment of whether there is fault , it depends on whether the perpetrator should have fulfilled his duty of care and whether he fulfilled the duty of care of an honest and kind person when he acted. The standard for judging fault is "the degree of care that should be achieved." This standard is diverse, that is, under normal circumstances, a person who has general obligations for the rights and interests of others should fulfill the duty of care of a "person of good faith and good faith"; a person who has special obligations for the interests of others , shall fulfill the special obligations of care required by laws, regulations, operating procedures, etc. Therefore, whether you should pay attention and whether you can pay attention varies from person to person and situation to situation, and should be considered in the specific environment.

The auction company accepts the entrustment of the consignor to conduct auctions and is subject to the entrustment auction contract. Due to the special nature of art auctions, the law does not require auctioneers to guarantee that the objects they auction are genuine. my country's Auction Law stipulates that if the auctioneer or consignor declares before the auction that they cannot guarantee the authenticity or quality of the auction object, they will not be liable for defect guarantees. From an objective perspective, it is impossible to require the auctioneer to ensure that the auction items are flawless. Therefore, Article 41 of the Auction Law stipulates: When entrusting items or property rights to be auctioned, the consignor shall provide proof of identity and proof of ownership of the auction object required by the auctioneer or proof that the auction object can be disposed of in accordance with the law and other materials. Article 42 stipulates: The auctioneer shall conduct an auction on the relevant documents and information provided by the client.Verify.

Based on the above, the editor has compiled relevant content on whether you need to bear legal responsibility for copyright infringement of auction works. It can be seen that if the auctioned works infringe copyright, the auctioneer will only bear infringement liability when he subjectively knows or should know that the auctioned items are infringing. If you have more questions in this regard, Legal Savior Network provides professional legal consulting services.