Placing toys on the cake will violate the food safety law if the food safety risk monitoring results indicate that there may be food safety hazards. is not allowed. Moreover, purchasing cartoon dolls and placing them on cakes as decorations has constituted an infringement of the copyright of the art works involved.

Purchasing genuine dolls and placing them on cakes still constitutes infringement

In the lawsuit, many defendants believed that the dolls were purchased online, and some even purchased genuine dolls. Therefore, their The use should be considered fair use.

After the cake shop owner purchases the doll, it does not mean that he can use it without restrictions. According to the provisions of the Copyright Law, if the copyright is used only for personal study, research, and appreciation, the consent of the copyright holder is of course not required; however, if it is used for profit, the permission of the relevant rights holder is required and the corresponding fees are paid as agreed.

Even if you purchase a genuine doll, you should obtain the permission of the relevant rights holder before using it. However, during litigation, it can still be considered as a defense point to reduce the subjective degree of maliciousness of the infringement.

The amount of infringement compensation is mainly determined based on six factors. According to Article 54 of the Copyright Law, the infringer shall compensate the right holder according to the actual losses suffered by the right holder or the illegal gains of the infringer. The above compensation If the amount is difficult to calculate, compensation may be given based on the royalties. If it is still difficult to calculate, the people's court will award a compensation of not less than 500 yuan but not more than 5 million yuan based on the circumstances of the infringement.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

Because in such cases, actual losses, illegal gains and royalties are often difficult to determine. Therefore, the court generally bases the judgment on the popularity of the work involved, reasonable expenditures to protect rights and prevent infringement, the nature of the infringement and subjective intention. The amount of compensation will be determined based on factors such as the degree of infringement, the number of infringed art works, and the number of infringing copies used.

Legal basis:

"Food Safety Law of the People's Republic of China"

Article 16 Food safety risk monitoring results indicate that food safety may exist If there are hidden dangers, the health administrative department of the people's government at or above the county level shall promptly notify the relevant information to the food safety supervision and management department at the same level, and report to the people's government at the same level and the health administrative department of the people's government at the higher level. Food safety supervision and management and other departments should organize further investigations.

"Copyright Law"

Article 54 If a copyright or copyright-related rights are infringed, the infringer shall be responsible for the actual losses suffered by the right holder or the illegal gains of the infringer. Compensation shall be provided; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be provided with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be awarded in the amount of not less than one time but not more than five times the amount determined according to the above method.

If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights royalties, the people's court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan.

The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the possession of the infringer, the people's court may order the infringer to provide information related to the infringement. Account books, information, etc.; if the infringer fails to provide them, or provides false account books, information, etc., the people's court may determine the amount of compensation with reference to the rights holder's claims and the evidence provided.

When hearing cases of copyright disputes, the People's Court shall, at the request of the right holder, order the destruction of infringing copies, except under special circumstances; and order the destruction of materials, tools, equipment, etc. mainly used to make infringing copies. , without compensation; or under special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation.