What are the civil liabilities for copyright infringement
1. Civil liability
refers to the civil legal consequences that an infringer should bear for committing an infringement.
1. Copyright infringements subject to civil liability.
First, infringement violates the legal rights and interests of others. Interests are harmed. The fact of damage is the prerequisite for tort liability.
Second, the relationship between the perpetrator’s behavior and the fact of damage There is a causal relationship, and the actor's behavior causes or spreads the occurrence of harm.
Third, the perpetrator committed the infringement due to fault .
Fourth, the perpetrator must have the capacity for civil conduct.2. Forms of civil liability
(1) Stop the infringement. In order to stop the infringement in a timely manner and prevent the damage from expanding, the victim may request the people's court to order the infringer to immediately stop the ongoing infringement.
(2) Eliminate the impact. If the infringer bears this responsibility, he should take effective measures to explain the truth of the matter and eliminate the negative impact of his infringement on the copyright owner.
(3) Make a public apology. That is, it should be in a way that can be understood by the public. Acknowledge the infringement and apologize to the copyright owner.
(4) Compensation for losses. Compensation for losses is also called damages. It means that the infringer uses his own property to make up for the damage caused by his behavior to the recipient. For compensation for property damage, the actual damage including direct damage and indirect damage shall be used as the standard for determining the amount of compensation. Compensation exceeding the actual damage is not allowed. Compensation for mental damage usually provides for cessation of infringement, restoration of dishonor, and limited economic compensation.
Those who commit the following infringements shall be responsible for stopping the infringement, Eliminate the impact, apologize, compensate for losses and other civil liabilities:
(1) Publish his or her works without the permission of the copyright owner
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author
(3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works
(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 in exhibitions, making movies, or using methods similar to making movies, or adapt, translate, annotate, etc. Use the work in a manner, except as otherwise provided for by copyright law
(7) For using other people’s works, remuneration should be paid but has not been paid
(8) Unfilmed works and works created using methods similar to filmmaking, computer software, The copyright owner of audio and video products or the copyright-related right holder permits the publication of his or her works or audio and video products, unless otherwise provided for by the Copyright Law
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher
(10) Broadcast or publicly transmit live performances, or record them without the permission of the performers His performance
(11) Other copyright infringements and adjacent right behavior.
The above is the relevant information compiled by the editor of Hualu knowledge, if you have more questions, you can consult a professional lawyer on the Legal Savior Network, or directly entrust a Legal Savior Network lawyer to help you get out of your legal dilemma.
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