How to calculate copyright infringement in 2024

Three points must be met for copyright infringement: 1. There is fact of infringement, that is, using other people's Works without permission; 2. The behavior is illegal, copyright is an absolute right, and other people's use must comply with relevant laws and regulations; 3. There is subjective fault, including intentional or negligent . Most infringements are intentional, but there are also cases of negligence. Distinguishing the form of fault helps determine legal liability. Intentional tort liability is greater than negligent infringement. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. How to calculate copyright infringement in 2024

Infringement of copyright requires the following conditions: First, you must have actual infringement, that is, without Permitting permission to use other people's works without permission and still not using it in accordance with the regulations is a violation of copyright law and may harm the author's rights and interests;

This behavior is illegal, because copyright is a relatively strong right. If others want to use this work, they must abide by the copyright law. Once something violates the copyright law, then His behavior is considered a violation of the law; finally, there must be subjective fault, that is, whether he knowingly committed the crime or was negligent when he did the wrong thing.

Most copyright infringements are intentional, but some are unintentional .

Clearing the type of fault is important in determining who is responsible for what.

Generally speaking, the liability for intentional infringement is greater than that for negligent infringement.

Article 53 of the Copyright Law

Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as ceasing the infringement, eliminating the impact, making an apology, and compensating for losses; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, and confiscate the infringement. , destroy infringing copies, and may be fined; in serious cases, 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:

(1) Reproduction, distribution, performance, screening, broadcast, compilation, Disseminate their 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) ) Without the permission of the performer, copy or distribute audio and video recordings of his or her performance, or disseminate his or her performance to the public through information networks, unless otherwise provided for in this law;

(4) Copying, distributing, or disseminating to the public the audio and video products produced by the audio and video producers without the permission of the audio and video producers, Except as otherwise provided for in this law;

(5) Without permission, broadcast, Copying or disseminating radio or television broadcasts to the public through information networks, except as otherwise provided for in this law;

(6) Without the permission of the copyright owner or copyright-related rights holderYes, whoever intentionally avoids or destroys technical measures, intentionally manufactures, imports, or provides to others devices or components mainly used to avoid or destroy technical measures, or intentionally provides technical services for others to avoid or destroy technical measures, the law , except as otherwise provided by administrative regulations;

(7) Without the copyright owner or Anyone who intentionally deletes or changes the rights management information on a work, layout design, performance, audio or video recording, or radio or television with the permission of the right holder related to copyright knows or should know that the work, layout design, performance, audio or video recording, or broadcast, Rights management information on TV that has been deleted or changed without permission is still provided to the public, unless otherwise provided by laws and administrative regulations;

(8) Producing and selling works that counterfeit the signature of others.

2. What does it mean that QQ Music enjoys the copyright of this translated work?

The so-called copyright, often referred to as "copyright", refers to the rights and interests closely related to their works owned by literati who create works in the fields of literature, art, science, etc.

This is an important part of the field of intellectual property, including the following types of personal and property Rights: rights such as publication, signature, modification, preservation of the integrity of the work, use and remuneration.

After the creation of the work is completed, its authors will automatically enjoy the above rights, among which Including modification, protection of the integrity of the work, reproduction, distribution, exhibition, performance, screening, broadcast, rental, adaptation, translation, compilation, publication and attributionand many other personal and property rights.

The property rights mentioned above can also be changed through inheritance. The identity of the copyright holder.