What constitutes copyright infringement and what evidence should be collected?

In our country, copyright is protected by national law, and those who infringe copyright must bear liability. So what constitutes copyright infringement, what evidence needs to be collected, and what are the legal provisions on what evidence should be collected in copyright infringement litigation? Below, the editor of Legal Savior Network has compiled legal knowledge on what evidence to collect in copyright infringement lawsuits for your reference.

What are copyright infringements and what evidence should be collected

The following infringements According to the circumstances, they shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, and confiscate and destroy the infringing copies. , and a fine of not more than three times the illegal business turnover; if the illegal business turnover is difficult to calculate, a fine of not more than 100,000 yuan may be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials and tools mainly used to make infringing copies. , equipment, etc.; if it constitutes a crime, criminal liability shall be investigated in accordance with the law: 1. Copying, distributing, performing, screening, broadcasting, compiling, and disseminating the performance to the public through information networks without the permission of the copyright owner, as otherwise provided for in the Copyright Law Except; 2. Publishing books for which others have the exclusive right to publish; 3. Copying or distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through information networks, as otherwise provided for in the Copyright Law. Except as stipulated in the copyright law; 4. Copying, distributing or disseminating the audio and video products to the public through information networks without the permission of the producers of audio and video recordings, except as otherwise provided by the Copyright Law; 5. Playing or copying radio or television without permission , except as otherwise provided for in the Copyright Law; 6. Without the permission of the copyright owner or the neighboring right holder, intentionally avoiding or destroying the technical measures taken by the right holder to protect the copyright or neighboring rights for his works, audio and video products, etc., the law shall , except where otherwise provided by administrative regulations; 7. Deliberately deleting or changing electronic information on the rights management of works or audio and video products without the permission of the copyright owner or neighboring rights holder, except where otherwise provided by laws and administrative regulations; 8. , producing and selling works counterfeiting the signature of others.

What evidence to collect in copyright infringement litigation

The latest interpretation of the Supreme People's Court sets out what evidence can be used to identify the right holder and what evidence can be used to identify infringements.There is a clear delineation, so everyone should pay attention to collecting these evidences before filing a lawsuit to confirm the right or infringement to the law:

(1) The information provided by the parties Copyright-related manuscripts, originals, legitimate publications, copyright registration certificates, certifications issued by certification agencies, contracts for obtaining rights, etc., can be used as evidence.

(2) The natural person, legal person or other organization who signs the work or product is deemed to be the owner of the copyright and copyright-related rights and interests, unless there is proof to the contrary Except.

(3) Physical objects, invoices, etc. obtained by the parties themselves or entrusting others to purchase infringing copies through ordering, on-site transactions, etc., can be used as evidence.

(4) Without identifying the identity of the party suspected of infringement, the notary truthfully reports to the other party the information obtained by the other party in the manner specified in the preceding paragraph. The evidence and the notarial certificate issued during the evidence collection process shall be used as evidence, unless there is evidence to the contrary.

Copyright infringement occurs from time to time and causes damage to the copyright owner, but the infringement relief process is very complicated and cumbersome.

If you want to prevent this kind of infringement from happening, it is best to know more about copyright infringement and prevent it in a targeted manner, so that you can get twice the result with half the effort. , protect their own interests to the greatest extent.

Based on the above introduction, if you find that copyright has been infringed, you can collect evidence and resolve it through litigation. I believe that after reading the above introduction, everyone has a certain legal understanding of what evidence to collect in copyright infringement litigation. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers. .