Elements of infringement of dance works

Line dancing, choreography, etc. create a new dance work, which is also very professional for dancers. Currently, many people value their dance works. However, if you find that the dance works you created have been used by others in commercial places without your consent, it may be an infringement. Listen to the detailed explanation given by the editor of Legal Savior Network.

Essential elements for infringement of dance works

1. The subject matter of the infringement shall be covered by the copyright law. within the scope of protection. 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 soundtrack);

(3), dramatic works (including soundtrack);

p>

(4), dance and pantomime creation;

(5), painting, sculpture and engraving and other fine arts Works;

(6), photography 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 in some countries it even extends to neighboring rights to audio and video products, radio and television programs and performances.

However, the original intention of copyright law protection is to facilitate the cultural development of the public. Therefore, while expanding the objects protected by copyright law, it is necessary to make detailed regulations on excluded objects. Provisions.

2. It must be an exclusive right expressly protected by copyright law. As the objects of copyright protection expand, the types of copyright rights also increase accordingly. oneGenerally 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 contains human value. Although common law countries do not explicitly stipulate the content of moral rights in copyright laws, they still resort to common law legal principles for protection, such as breach of contract, tort, infringement of privacy, defamation, unfair competition and other concepts. The U.S. Copyright Law stipulates that states have the right to enact separate laws to regulate areas not covered by federal copyright law, and it does not exclude the concept of moral rights.

3. The victim must have copyright. When a plaintiff files a copyright infringement lawsuit, he must first prove that he or she enjoys 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 sufficient 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) 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 violated several special rights protected by law of the copyright owner. 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 copyright law focuses on the protection of public interests, 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 determining “fair use” are clearly statedAs follows:

(1) The purpose and nature of the use are distinguished according to whether it is commercial use or non-profit educational purpose;

(2), the nature of the work protected by copyright law;

(3), the quantity and substance of use The proportion of the entire protected work; (4) The impact of use on the economic market value of copyright-protected works.

After creating a dance work, it is best to register the copyright for your dance work, so that even if others find out that there is infringement, you can pick it up. Legal weapons to safeguard rights. If you don’t know much about what constitutes infringement of dance works, you may wish to consult an online lawyer on the Legal Savior Network for answers.