Does using other people’s works to create audio and video recordings constitute infringement
Using other people’s works to create audio and video recordings constitutes infringement.
1. What are the consequences of copyright infringement
According to the provisions of copyright law, the legal consequences of copyright infringement include: Bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; if the circumstances are serious, , the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
As for compensation for losses, the Copyright Law clearly stipulates: infringement For copyrights or rights related to copyrights, the infringer shall compensate the right holder according to the actual losses incurred. If the actual loss is difficult to calculate, compensation may be provided based on the infringer's illegal income. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. In this case, if the client’s actual losses are the same as those of the blower companyIf none of the illegal gains can be confirmed, the law gives the adjudicator discretionary power to compensate damages within a range of 500,000 yuan. At the same time, the infringer shall also compensate the right holder for the reasonable expenses incurred by the right holder to stop the infringement.
2. What are the copyright infringements
Copyright, also known as copyright, refers to the general term for the personal rights and property rights enjoyed by authors and other rights holders in literary, artistic and scientific works. There are 11 types of general infringements stipulated in Article 46 of my country's Copyright Law:
(1) The act of publishing works without the permission of the copyright owner.
(2) Without the permission of the co-author, the The act of publishing a work created in collaboration with others as a work created alone.
(3) Did not participate in the creation for personal gain Fame and fortune, the act of signing someone else's work.
(4) Distorting or tampering with other people’s works .
(5) Plagiarizing other people’s works.
(6) Using the work for exhibition, making movies or using methods similar to making movies without the permission of the copyright owner, or Use of works in the form of adaptation, translation, annotation, etc., unless otherwise provided by law.
(7) The act of using other people’s works for which remuneration should be paid but has not been paid.
(8) Copyright holders of unfilmed works and works created by methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights holders Licensing, leasing their works or audio and video products, unless otherwise provided by law.
(9) Using the layout design of books and journals published by the publisher without the permission of the publisher.
(10) The act of broadcasting or publicly transmitting a live performance, or recording a performance without the performer's permission.
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
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