Can copyright infringement be determined without subjective malice
Infringement of copyright does not require subjective intention, nor does it require the infringer to have a subjective mentality of maliciously infringing on the copyright of others; the infringer only needs to objectively carry out relevant acts of unauthorized publication, unauthorized performance, and unauthorized tampering of other people's works; the infringer's behavior Causing actual losses to the copyright owner constitutes infringement.
1. The subject matter infringed should be within the scope of protection of copyright law
The subject matter protected by copyright law has gradually expanded with the development of science and technology, and involves almost all creative results of intellectual labor. In order to accommodate all types of creations and adapt to new communication methods that may develop in the future, copyright laws in various countries generally adopt a combination of general provisions and enumerated provisions for flexible application. The listed forms of works are nothing more than the following:
(1) Literary works (including text and language);
(2) Musical works (including music and lyrics);
(3) Dramatic works (including soundtracks);
(3) Dramatic works (including soundtracks);
p>(4) Dance and mime creation;
(5) Fine arts such as painting, sculpture and engraving Works;
(6) Photographic works and pictures;
(7) Movies and others Audiovisual works;
(8) Maps, technology and architectural graphics.
With the development of science and technology, the scope of objects protected by copyright law has to be extremely expanded to cover all forms of works, and even extends to Audio and video products, radio and television programs and performancesneighboring rights.
However, the original intention of copyright law protection is to facilitate the cultural development of the public. Therefore, while expanding the subject matter of copyright law protection, it must also exclude The object is specified in detail.
2. Exclusive rights that must be expressly protected by copyright law
Copyright does not include the above In addition to economic benefits, there is also value in people. Although common law countries do not explicitly stipulate the content of personal rights in copyright laws, they still rely on common law legal principles, such as breach of contract, tort, infringement of privacy, defamation, unfair competition and other concepts. Protect.
3. The victim needs to have copyright
When the plaintiff files a lawsuit for copyright infringement, he must first prove It enjoys copyright. In our country, we do not adopt a system in which obtaining copyright must first be reviewed and registered by administrative agencies, but adopt a "creation" system. Once the work is created, the author obtains the copyright. However, in the lawsuit, the plaintiff still has to prove the existence of his copyright. For the existence of copyright, in addition to the above-mentioned objects and scope of rights protected by statutory law, the plaintiff must also prove:
(1) The work is original. The requirements for obtaining a copyright are different from that of a patent, which requires novelty, creativity and practicality. It is sufficient for copyright to be original, that is, as long as it is a result of personal hard work and creation rather than misappropriation or plagiarism of other people's works.
(2) Have the identity of Chinese nationals or are foreigners and stateless persons protected by my country's copyright law.
4. The victim must prove that the other party has committed infringement, that is, it has infringed on several special rights protected by law of the copyright holder
Reproduction, exhibition, performance, distribution, etc. are all objective behaviors, and it is easier to determine whether infringement has occurred. However, for "plagiarism", that is, because "ideas" are not protected, "expressions" other than "ideas" must first be distinguished as the subject of protection. And plagiarism cannot be limited to word-for-word similarities. The judgment inevitably involves subjective value judgments and lacks objective standards.
5. The defendant shall not use the principle of "fair use" as a defense
Since the copyright law is based on The protection of public welfare is paramount. To the extent possible, even without permissionHowever, the defendant may still use the work as a defense on the grounds of "fair use". The laws of various countries also clearly define what behaviors are fair use. In addition, the criteria for judging "fair use" are clearly stated as follows:
(1) The purpose and nature of the use, that is, whether it is commercial use or non-profit for educational purposes;
(2) The nature of works protected by copyright law;
(3) The quantity and substance of the use as a proportion of the entire protected work;
(4) The economic market of the work protected by copyright influence on value.
It should be noted that when a plaintiff files a copyright infringement lawsuit, he must first prove that he enjoys copyright. In our country, we do not adopt a system in which obtaining copyright must first be reviewed and registered by administrative agencies, but adopt a "creation" system. Once the work is created, the author obtains the copyright. However, in the lawsuit, the plaintiff still has to prove the existence of his copyright.
Copyright infringement is a relatively common infringement. Infringement of copyright requires corresponding legal responsibilities. There are many behaviors that infringe copyright, and those who infringe copyright Subjective will is generally an intentional act. What you need to pay attention to at this time is to protect yourself in time when encountering infringement.
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