The issuer or lessor shall bear the burden of proof if it infringes upon the copyright of others.

According to the relevant laws of our country, infringement of Copyrights will bear infringement liability. There are many behaviors that infringe copyrights. If actual losses are caused, compensation will be based on actual losses. Then what burden of proof should the issuer or lessor bear if they infringe the copyrights of others? The following is the answer given by the editor of Legal Savior Network for readers. I hope the following knowledge will be helpful to readers.

1. The issuer or lessor shall bear the burden of proof if it infringes the copyright of others

Publishers and producers shall bear the burden of proof that they have legal authorization to publish and produce, and issuers and lessors shall bear the burden of proof that the copies they issue or rent have legal sources.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes"

Article 19 Publishers and producers shall bear the burden of proof that they have legal authorization to publish and produce, and issuers and lessors shall bear the burden of proof that the copies they issue or lease have legal sources. If evidence cannot be provided, legal liability shall be borne in accordance with the corresponding provisions of Articles 46 and 47 of the Copyright Law.

Article 20 If a publication infringes upon the copyright of others, the publisher shall bear civil liability for compensation based on its fault, degree of infringement, and consequences of damage.

If a publisher fails to pay reasonable attention to the authorization of its publishing activities, the source and signature of the manuscript, the content of the edited publication, etc., it shall be liable in accordance with Article 1 of the Copyright Law. Article 48 shall bear the liability for compensation.

If the publisher has exercised its duty of reasonable care and the copyright owner has no evidence to prove that the publisher should have known that its publication involved infringement, according to Article 117 of the General Principles of the Civil Law According to the provisions of paragraph 1 of Article 1, publishers bear civil liability to cease infringement and return the profits derived from infringement.

The publisher shall bear the burden of proof as to the reasonable duty of care exercised by the publisher.

2. What are the behavioral forms of copyright infringement

The crime of copyright infringement refers to the act of infringing the copyright of others for the purpose of profit, resulting in a relatively large amount of illegal income or other serious circumstances.

Before analyzing the components of copyright infringement, it is necessary to understand the meaning of copyright. According to the provisions of my country's Copyright Law, copyright refers to the author's exclusive right to possess, use, benefit from, and dispose of the literary, artistic, and scientific works he creates and to exclude unlawful interference by others. It mainly includes the following personal rights and property rights: right of signature, right of publication, right of modification, right to protect the integrity of the work, right of reproduction, right of distribution, right of rental, right of exhibition, right of performance, right of screening and other rights. Therefore, we call infringement of copyright and copyright-related rights and interests a crime of copyright infringement. Obviously, the object of the crime of copyright infringement is copyright and copyright-related rights and interests. Subjectively, it is intentional for the purpose of profit, and the subjects include natural persons and entities.

Objectively, it manifests itself in the following aspects:

1. Without the permission of the copyright owner , copying and distributing his written works, music, movies, television, video works, computer software and other works;

2. Publishing other people's exclusive publishing rights Books;

3. Copying and distributing audio and video recordings without the permission of the audio and video producers;

4. Producing and selling works of art that counterfeit the signature of others.

The above knowledge is the editor’s answer to relevant legal issues. Publishers and producers should bear the burden of proof that they have legal authorization to publish and produce. The publisher , The lessor shall bear the burden of proof that the copies it issues or leases have legal sources. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.