How to define composition infringement in the Civil Code

In the current society, there are relatively many musical Works, and a large number of songs are created every year. However, in practice, many people plagiarize other people's works. It is stipulated in our country's laws, how is composition infringement defined? Let's take a look at the corresponding answers provided by the editor of Legal Savior Network.

1. How to define composition infringement in the Civil Code

Composition infringement, if For the purpose of profit, it is suspected of infringing the copyright of others; if it is for personal research and entertainment, it does not constitute infringement.

"Copyright Law"

Article 52 Whoever commits the following infringement acts shall Depending on the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publishing the work without the permission of the copyright owner;

(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone;

(3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else's work;

(4) Distortion , Tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6 ) Without the permission of the copyright owner, use the work by displaying or filming audio-visual works, or use the work by adapting, translating, annotating, etc., except as otherwise provided for in this law;

(7) Remuneration should be paid but has not been paid for the use of other people's works;

(8) Audio-visual works, computer software, recordings without With the permission of the copyright holder, performer or producer of audio and video recordings, the original or duplicate copy of his or her work or audio and video recordings may be leased, unless otherwise provided for in this law;

(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;

(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;

(11) Other acts that infringe upon copyright and copyright-related rights.

2. How to define design infringement

Generally speaking, if the design patent is within the validity period and the annual fee is paid on time, then the patent is valid.

As long as the appearance of the product produced by the defendant is similar to the drawings (six-sided drawings) of the design patent certificate, it can be deemed to be infringing.

Article 61 of the "Patent Law of the People's Republic of China", if a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual that manufactures the same product Proof that the manufacturing method of the product differs from the patented method should be provided. If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department administering patent affairs may require the patentee or interested party to issue a document after the patent administration department of the State Council has searched, analyzed and evaluated the relevant utility model or design. The patent right evaluation report shall be used as evidence for hearing and handling patent infringement disputes.

Our country's laws stipulate the infringement of composition. If it is for profit, it is suspected of infringing the copyright of others; if it is for personal research and entertainment, it does not constitute infringement. According to the circumstances, they should bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. The specific provisions are as follows. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.