How to determine infringement
According to the relevant laws of our country, to constitute copyright infringement, the following requirements must be met:
1. The fact of infringement is that the perpetrator uses the copyright owner's works without permission from the copyright owner and does not comply with the conditions of use stipulated in the copyright law, and performs, Audiovisual products and radio and television programs. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law.
This kind of infringement may be against other people’s works If the personal rights are damaged, it may also cause damage to the copyright and property rights of others, and it may also damage the personal rights and property rights of others at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The act is illegal. Copyright is aAbsolute right, everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.
3. The perpetrator is subjectively at fault. The so-called fault refers to the mental state of the infringer regarding his infringement and its consequences, including intentional and negligent forms. The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
Relevant legal provisions
"Copyright Law of the People's Republic of China"
Article 47 Whoever commits the following infringement acts shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and making amends Civil liability such as apology and compensation for losses:
(1) Publishing works without the permission of the copyright owner;
(2) Treating works created in collaboration with others asPublished works created by oneself alone;
(3) Those who did not participate in the creation but signed their names on other people’s works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Unauthorized film works and similar filming With the permission of the copyright holder or copyright-related right holder of works created using film methods, computer software, or audio and video products, the work or audio or video products may be rented out, except as otherwise provided for in this law;
(9) Using the layout design of books and journals published by the publisher without the permission of the publisher of;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other infringements of copyright and copyright-related rights and interests.
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