Is it a crime to make unprofitable profits from infringement?

There are many types of infringement, including infringement of intellectual property rights, infringement of human health, and infringement of people's rights to freedom. So if there is no profit from infringement, is it considered a crime? What are the responsibilities for infringement? The editor of Legal Savior Network has brought the following legal knowledge through your questions. I hope it will be helpful to you.

Is it a crime to make no profit from infringement

Infringement without profit is a crime, and not all infringements are The purpose of infringement is to make profit, and some infringements also have the purpose of harming others. That's a crime too.

Infringement

A tort is an act that infringes upon the rights and interests of others, so a tort can also be called a This kind of infringement behavior can be confirmed to a certain extent from etymology.

Components

Illegal

Infringement as referred to in the Copyright Law refers to a violation of the obligations stipulated in the Copyright Law, infringement of the personal rights enjoyed by others in accordance with the Copyright Law or Property Rights Act. If the property rights of others are infringed upon,If it occurs directly based on the breach of contractual obligations, such behavior is usually only regarded as a breach of contract, and the perpetrator shall bear the liability for breach of contract.

In general, behavior that constitutes infringement of copyright or copyright-related rights and interests and should bear infringement liability should meet the following conditions:

Illegal. The Copyright Law stipulates that citizens, legal persons or non-legal entities with certain specific qualifications enjoy copyright or copyright-related rights and interests, and also stipulates that all others have the relative obligation not to interfere with it. A breach of these obligations constitutes a breach of the law. In some cases, the law does not stipulate relative obligations to others, and no illegal behavior occurs. For example, using works or materials that are not protected by copyright, making uses that do not require permission from the copyright owner, and performing activities beyond the control of copyright or copyright-related rights and interests are not considered infringements under copyright law.

Facts of damage

There is an objective existence of damaging facts. Damage refers to behavior that causes property losses and mental harm to others. Damage is the objective consequence of illegal behavior. If an act is being planned and has not yet caused any harm, it does not constitute an infringement. For example, if a publishing house takes away an author's manuscript without authorization and prepares it for publication, but it is not published due to some subjective reasons, it does not constitute an infringement. However, if it has been published, even if a single book has not been sold, it should still be considered to constitute infringement.

Causation

has a causal relationship with the fact of damage. In other words, the performance of a certain act is the cause of the fact of harm. For example, Person B rewrites an article written by Person A into another article and submits it to a newspaper for publication without authorization. This act of Person B causes damage and therefore meets one of the conditions for infringement. If Person B just practices writing and rewrites an article written by Person A into another article without intending to publish it, and after being seen by the enthusiastic Person C, he recommends it to the newspaper for publication without authorization, Person C's behavior should be considered The fact that caused A's damage has a causal relationship. As for B's rewriting only for practicing writing, it should be within the scope of fair use and has no necessary causal relationship with the fact of damage.

Take responsibility

The person who performed the act is at fault, or although he is not at fault, he still bears civil liability in accordance with the law . That is to say, the actor knew the harmful consequences of the act when he committed the act, or should have foreseen it but failed to do so, or he had foreseen it and believed it could be avoided. For example, if a publishing house or individual knowingly knows that a certain work has copyright, or believes that it does not have copyright without any definite basis, and publishes the work without the consent of the copyright owner, such intentionality or negligence is a fault, and thus meets the conditions for infringement. . If a publishing house publishes author B's work without the knowledge and guarantee of author B, and then author A claims that author B's work is an infringing product, the publishing house immediately stops publishing and investigates and verifies, the publishing house is not at fault. Usually, only Author B bears the liability for infringement; if the publisher does not stop publishing, and Author B's work is indeed an infringing product, the publisher is at fault, and therefore it is jointly and severally liable with Author B as a joint infringer. In addition, if the law clearly stipulates that the actor must bear the liability for damages even if he is not at fault, then the actor has committed a tort.

Infringement will constitute a crime even if there is no profit. Because there are many kinds of infringements, and some cases are not for profit, and the infringement behavior infringes upon the interests of the victim. At this time, if the behavior is serious, it is a crime. The above is the answer to your question. You Can consultAsk a lawyer at LegalSavior.com.