Constitutive elements of copyright infringement
1. The subject of the infringement should be within the scope of protection by Copyright law
The subject matter protected by copyright law has gradually expanded with the development of science and technology, involving 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); (4) dance and pantomime creations; (5) fine arts works such as drawings, sculptures and engravings; (6) photography works and pictures; (7) , movies and other audio-visual 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 in some countries it even extends to neighboring rights to audio and video products, radio and television programs and performances.
2. Exclusive rights that must be expressly protected by copyright law
With the development of copyright protection objects With the expansion, the types of copyright rights have also increased accordingly. Generally speaking, it includes the following items:
(1), right of reproduction; (2), right of distribution; (3), right of rental; (4), Exhibition rights; (5) Performance rights; (6) Screening rights; (7) Broadcasting rights; (8) Information network dissemination rights; (9) Filming rights; (10) Adaptation, translation and compilation rights . In addition to the above-mentioned economic benefits, copyright also has human value. Although the common law countries do not explicitly stipulate the content of personal rights of works in copyright law, they still rely on common law legal principles to protect them, such as breach of contract, tort, infringement of privacy, defamation, unfair competition and other concepts. U.S. copyright law provides for anything that is not covered by federal copyright law.Each state has the right to enact separate laws to regulate the scope of the matter, and does not exclude the concept of personal rights of authors.
3. The victim must own the copyright
When the plaintiff files a copyright infringement lawsuit, he must first prove that he has copyright Copyright. In our country, we do not adopt a system in which copyright must first be reviewed and registered by administrative agencies. Instead, we 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 enough for copyright to be original, that is, as long as it is a result of personal hard work and independent creation rather than stealing or plagiarizing other people's works. (2) Having the identity of a Chinese national or a foreigner or stateless person 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
Copying, 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 copyright law is based on the public interest Protection is paramount. To a certain extent, even if the work is used without permission, the defendant can still use "fair use" as a defense. 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, based on whether it is commercial use or non-profit educational purposes; (2) Works protected by copyright law the nature of the work; (3) the proportion of the quantity and substance of the use to the entire protected work; (4) the impact of the use on the economic market value of the copyright-protected work.
Hua Lu editor reminds you that the original intention of copyright law protection is to facilitate the cultural development of the public. Therefore, while expanding the objects of copyright law protection, it must also Make detailed provisions on excluded objects. The above is the relevant information summarized for you. I hopeWe hope it can help you. This website is committed to building an excellent legal consultation platform. If you still have questions, please feel free to consult with a lawyer.
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