Infringement of copyright must meet the following three conditions
1. The fact of infringement is that the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the copyright owner's permission and without complying with the conditions of use stipulated in the copyright law. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The act of copyright is illegal. Absolute right, 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 an actor 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, there is no infringement issue when others use them.
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 vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
The main legal characteristics of copyright infringement are
1. Multiple objects of infringement
Copyright has the characteristics of multiple and divisible rights, including copyright property rights and personal rights. Among them, copyright property rights include more than ten rights such as reproduction and performance. The above rights can be exercised independently or in combination. Correspondingly, the targets of copyright infringement will also show these characteristics: First, property rights and personal rights are violated at the same time. Infringement; second, multiple property rights and personal rights are infringed at the same time. In addition, the objects of copyright infringement also include contractual claims, such as publishing books for which others have exclusive publishing rights.
2. Specificity of the infringed subject
The subject infringed by the infringement act is the copyright holder who enjoys the copyright in the work according to law, including the author and Other copyright holders. Other copyright holders include rights holders who have obtained copyright through inheritance, acceptance of bequests, and entrustment relationships, that is, assignees of the right to use works, such as people who enjoy exclusive copyrights. These are those who are directly or indirectly related to copyright. The specific subject of contact.
3. Infringement is manifested in the illegality of using other people's works
First, the use of other people's works without the permission of the rights holder; second, the use of other people's works without legal basis, including the use of other people's works not in accordance with the conditions of use of copyright regulations.
4. Diversity of forms of infringement
General civil torts include infringements committed by one person alone and joint infringements committed by two or more people due to common fault. There are two forms of behavior. In copyright infringement, in addition to these two forms, there is also a third state, that is, the infringement is carried out by several actors against the same right holder.
Based on the above introduction, copyright infringement needs to meet three requirements. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of the main legal characteristics of copyright infringement. If you still have For legal questions in this area, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
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