What is the identification of copyright infringement
1. Indications of copyright infringement The act of using other people’s works or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis.
2. Any act that infringes upon the copyright of others and causes property or non-property losses is considered copyright infringement.
3. Conditions required for copyright infringement
(1) There are facts of infringement That is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law.
(2) The behavior is illegal Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right.
(3) The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement behavior and its consequences, including both intentionality and negligence. form.
4. Characteristics of copyright infringement
(1) Multiple objects of infringement.
(2) The specificity of the violated subject.
(3) Infringement manifests itself in the illegality of using other people’s works.
(4) Diversity of forms of infringement.
Copyright infringementWhat types are there
(1) my country's Copyright Law adopts enumerated provisions for copyright infringements, among which the 47th Article stipulates: "Those who commit the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
1. Failure to do so Publish the work with the permission of the copyright owner;
2. Publish the work created in collaboration with others as a work created solely by yourself without the permission of the co-author
3. Those who did not participate in the creation and signed other people's works in order to seek personal fame and fortune
4. Distorting or tampering with other people's works;
5. Plagiarizing other people's works;
6. Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., except as otherwise provided for in this law;
7. For using other people’s works, remuneration should be paid but has not been paid;
8. Without film With the permission of the copyright holder of works and works created using methods similar to filmmaking, computer software, and audio and video recordings, or the holders of copyright-related rights, the works or audio and video recordings may be leased, except as otherwise provided for in this law;
9. Using the layout design of books and journals published by the publisher without the permission of the publisher;
10. Broadcasting or publicly transmitting live performances, or recording performances without the permission of the performers;
11. Other copyright infringements and copyright infringements Acts relating to rights and interests”.
(2) Article 47 stipulates: "Those who commit the following infringements shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, making an apology, and compensating for losses. and other civil liabilities; if the public interest is harmed at the same time, 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 mayThe management department can also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability will be pursued in accordance with the law:
1. Without permission With the permission of the copyright owner, copy, distribute, perform, screen, broadcast, compile, and disseminate his or her works to the public through information networks, except as otherwise provided for in this law;
2. Publishing books for which others have exclusive publishing rights;
3. Copying and distributing audio and video recordings of performances without the permission of the performers , or disseminate their performances to the public through information networks, except as otherwise provided for in this law;
4. Reproduction or distribution without the permission of the producer of the audio and video recordings , disseminate the audio and video products produced by them to the public through information networks, except as otherwise provided for in this law;
5. Playing or copying broadcasts without permission , television, except as otherwise provided for in this law;
6. Intentionally avoiding or destroying rights without the permission of the copyright owner or the copyright-related rights holder Technical measures taken by people to protect copyright or copyright-related rights for their works, audio and video products, etc., unless otherwise provided for by laws and administrative regulations;
7. Intentionally deleting or changing the electronic rights management information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, unless otherwise provided by laws and administrative regulations;
8. Producing and selling works that counterfeit the signature of others.
Any actor who commits the acts stipulated in the above provisions shall be That constitutes copyright infringement.
The above is the knowledge related to the identification and types of copyright infringement compiled by the editor. Copyright is the protection of the rights and interests of the author, and treats the rights and interests of others. Infringements can require compensation according to law. When encountering infringement incidents, it is recommended to find professionals to help protect your legitimate rights and interests. If readers still have questions about this, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
