What is the identification of copyright infringement and what are the types of copyright infringement
Due to the rich and complex contents of copyright and neighboring rights, the determination of infringement of copyright and neighboring rights is also complicated. The basic essentials for identification are still:
First grasp the copyright The type and scope of the rights enjoyed by the person or neighboring right holder;
Secondly, master the expression form and characteristics of its work as the carrier of rights;
Grasp again the expression form and characteristics of the alleged infringer's work;
Fourth, compare the two works Whether they are identical or similar;
The fifth is to know whether the alleged infringer has come into contact or may have come into contact with the works of the right holder who made the complaint. In practice, sometimes it is checked It can also be helpful to identify infringements by clarifying whether the authors of the two contrasting works have or have had contact relationships or possibilities with respect to the works.
What are the types of copyright infringement
1. Direct Infringement
Reproduction, publication, distribution, adaptation, translation, broadcast, performance, exhibition, filming in any way without the permission of the author or other copyright holder Any other behavior constitutes direct infringement of copyright. This kind of infringement is the main target of crackdown.
2. Indirect infringement
means that the infringement of the infringer is the infringement of othersThe continuation of the infringement constitutes indirect infringement; or a person must bear certain responsibility for the actions of others, but he himself has not directly engaged in any infringement.
3. Infringement of contract
This kind of infringement mainly occurs in copyright transfer and copyright licensing During the activity, if the copyright transferee or licensee violates the contract and uses the copyright beyond the stipulations of the transfer agreement or license agreement without authorization. Such behavior constitutes both breach of contract and infringement. This situation occurs frequently in the transfer and licensing of computer software.
4. Partial infringement
The infringer did not copy, adapt, translate or otherwise In other ways, the work of another is used without the permission of the copyright owner, but is a partial infringement of the work of another.
Some infringements are the most widespread. In real life, booksellers basically use this method to edit large reference books, excerpting large quantities from various books. Edited into a reference book. Since some infringements fall on the blurry border between infringement and "fair use" and are easily exploited maliciously, it is difficult to determine whether they are infringements in litigation practice.
The above knowledge is the editor's answer to the question "What is the identification of copyright infringement and what are the types of copyright infringement?" The types of copyright infringement include direct infringement , indirect infringement, breach of contract infringement, partial infringement, etc. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
