1. How to deal with infringement of performance rights
1. Without permission from the performer Those who obtain permission to broadcast or publicly transmit their live performances, or record their performances shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
2. Legal basis: "Copyright Law of the People's Republic of China"
52 Article 1 Anyone who commits 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) Without copyright Publish the work without the permission of the other person;
(2) Publish the work created in collaboration with others as a work created alone without the permission of the co-author ;
(3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else's work;
(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 by displaying or filming audio-visual works, or use the work by adapting, translating, annotating, etc., except as otherwise provided for in this law;
(7) Remuneration should be paid for using other people’s works but has not been paid;
(8) Failure to do so With the permission of the copyright holder, performer or producer of audio-visual works, computer software, audio and video products, leasing the originals or copies of their works or audio and video products, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;(10) Without the permission of the performer, Broadcasting or publicly transmitting live performances, or recording performances;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. Eight types of tort liability
1. If a state agency or state agency staff infringes upon the legitimate rights and interests of citizens or legal persons and causes damage while performing their duties, they shall bear civil liability.
2. If the product quality is unqualified and causes damage to other people's property or personal life, the product manufacturer and seller shall bear civil liability in accordance with the law. If the transporter and warehouse are responsible for this, the product Manufacturers and sellers have the right to claim compensation for losses.
3. Engaged in high-altitude, high-pressure, flammable, explosive, highly toxic, radioactive, high-speed transportation vehicles, etc. Anyone who causes damage to others due to highly dangerous operations in the surrounding environment shall bear civil liability; if it can be proven that the damage was intentionally caused by the victim, he shall not bear civil liability.
4. Anyone who violates national regulations on environmental protection and prevention of pollution and pollutes the environment and causes damage to others shall bear civil liability in accordance with the law.
5. In public places and roads If digging pits, repairing and installing underground facilities, etc. beside or on the passage, without setting up obvious signs or taking safety measures and causing damage to others, the builder shall bear civil liability.
6. If a building or other facilities or objects placed or suspended on the building collapse, fall off, or fall and cause damage to others, its owner or manager shall bear civil liability, except those who can prove that they are not at fault.
7. If the raised animals cause damage to others, the animal keeper or manager shall bear civil liability; if the damage is caused due to the fault of the victim, the animal keeper or manager shall The manager shall not bear civil liability; if damage is caused due to the fault of a third party, the third party shall bear civil liability.
8. If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear civil liability. If the guardian has fulfilled his guardianship responsibilities, his civil liability may be appropriately reduced.
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