1. Can copyright infringement be traced
1. Can copyright infringement be traced? , and generally need to be traced back within the statute of limitations.
2. According to relevant laws and regulations, the statute of limitations for copyright infringement is three years, calculated from the date when the copyright owner knew or should have known that the rights were damaged and the person responsible . Except for special circumstances.
Article 27 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes"
The statute of limitations for copyright infringement is three years, starting from the date when the copyright owner knew or should have known that the rights had been damaged and the date the person was obligated.
If the right holder files a lawsuit more than three years ago, if the infringement is still continuing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period. ;
The amount of infringement damages shall be calculated three years forward from the date when the right holder files a lawsuit in the People's Court.
2. What are the conditions for copyright infringement
Meet the following three The condition is copyright infringement
1. There is the fact of infringementThat is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law.
Copyright infringement neither obtains the consent of the author or other copyright holders nor does it constitute fair use or legal use. It is an unauthorized use of the work. , thus a violation of copyright law.
This kind of infringement may not only damage the personal rights of others, but also damage the property rights of others, and may also damage other people's works at the same time. Personal rights and property rights.
Illegally copying other people's works may only infringe on others' copyright property rights, but counterfeiting other people's works often infringes on other people's personal rights and property rights at the same time.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right.
Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If the perpetrator violates the provisions of the law, his behavior is illegal.
As for works that are not protected by my country’s copyright law, works that have not been copyrighted, or “works” that have entered the public domain, when others use them There is no infringement issue.
3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement and its consequences, including intentionality and negligence. form.
The above knowledge is the editor’s answer to relevant legal issues. Copyright infringement can be traced, and the infringed party can claim infringement in court within three years. Copyright compensation. 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.
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