How to defend against copyright infringement
First of all, we must clearly understand the criminal elements of the crime of copyright infringement. The following points:
Object requirements
Infringement of copyrightThe objects of copyright crime infringement are the country’s copyright management system and other people’s copyrights and copyright-related rights and interests.
The so-called copyright, also known as copyright, is the author or Other copyright owners have exclusive rights to literary, artistic and scientific works that have been created. However, the Copyright Law does not provide criminal sanctions for infringement of copyright and copyright-related rights and interests, so it cannot punish some serious copyright infringements. And copyright-related rights and interests are effectively punished through criminal liability, leaving shortcomings in the legal protection of copyright.
According to the provisions of the Copyright Law, copyright includes the following five aspects of personal rights and property rights: the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to use and the right to receive remuneration; related to copyright The rights and interests mainly refer to the neighboring rights of works owned by publishers, performers, audio and video producers, etc. The crime of copyright infringement is a direct infringement of the above-mentioned copyrights and copyright-related rights and interests. At the same time, in order to strengthen the management of copyrights, the Copyright Law 》 clearly stipulates the scope of works, copyright content, ownership and protection period, infringement of copyright and copyright-related rights and interests, and legal responsibilities. Its purpose is to encourage people to create and Promote the enthusiasm of intellectual achievements and promote the development and prosperity of China's scientific and cultural undertakings. If copyright and copyright-related rights and interests are infringed, the behavior is not only a civil infringement, but also infringes the national and social interests in serious cases. Therefore, infringement The object of copyright crime infringement should be the country’s copyright management system and the unification of other people’s copyrights and copyright-related rights and interests.
Objective requirements
The crime of copyright infringement objectively manifests itself as a serious infringement of copyright and copyright-related rights and interests.
China's Copyright Law stipulates 15 types of infringement of copyright and copyright-related rights and interests. However, according to the provisions of this article, only the following four infringement acts can constitute the crime of copyright infringement:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner.
2. The act of publishing books for which others have exclusive publishing rights. Publishing refers to the act of editing and processing works and then copying and releasing them to the public. Publishing is actually a special kind of Copying and distribution. When a publisher publishes a book, he generally needs to obtain the exclusive right to publish the work with the authorization of the copyright owner. The exclusive right to publish means that the publisher can use the original version or the revised version of the work delivered by the copyright owner at the time and place specified in the contract. The exclusive right to make books into books and distribute them. It is an important right related to copyright and is also exclusive. Others may not exercise it, otherwise it will constitute infringement.
3. The act of copying and distributing the audio and video without the permission of the audio and video producer is an infringement of the audio and video. The producer's act of related rights to the work. Audio and video producers are those who produce audio and video products. Since they not only invest a certain amount of manpower, material and financial resources, but also put in considerable original work, the audio and video products they produce are also legally required to do so. Have the right to permit others to copy and distribute and receive remuneration. If others copy and distribute their audio and video products without permission, it is of course an infringement of their rights.
4. The act of producing and selling works of art that counterfeit the signature of others is an act of illegally making profits in the name of others. It not only infringes The personal rights of others (mainly the right of signature) will inevitably affect the sales of other people's art works, thereby indirectly infringing on the property rights of others. At the same time, this behavior also deceives the public and is quite harmful to the order of China's cultural market, so it should be punished Punishment.
Main Requirements
The subjects of the crime of copyright infringement are general subjects, including those who have reached the age of criminal responsibility, Natural persons with the capacity for criminal liability also include units engaged in publishing and distribution activities with or without state approval.
Subjective elements
This crime is subjectively intentional and has the purpose of profit. If the perpetrator copies and distributes out of negligence, such as mistakenly believing that the protection period of other people's works has expired, Or although it is intentional, but for the pursuit of reputation and other non-profit purposes, it cannot constitute this crime.
Secondly, we must clearly understand the boundaries between sin and non-sin:
Determination of criminal acts of copyright infringement
When determining the crime of copyright infringement, we should mainly pay attention to distinguishing the boundaries between crime and non-crime. Specifically, we should pay attention to the following points:
First, whether the perpetrator is "for profit" subjectively. If the perpetrator commits copyright infringement for the purpose of damaging others Reputation and other purposes do not constitute this crime.
Second, pay attention to the role of the amount of illegal income and other circumstances in distinguishing crimes from non-crimes. A large amount of illegal income or other serious circumstances are the main criteria for distinguishing copyright infringement crimes from general illegal acts. However, it should be pointed out that "The amount of illegal income is relatively large" and "there are other serious circumstances" are optional requirements. As long as one of them is met, it can constitute this crime, and there is no need to meet both at the same time.
At the same time, the following points should also be grasped when distinguishing crimes from non-crimes:
1. Whether there is a legal basis for copying, publishing or production is an important criterion for distinguishing copyright infringement from illegality.
Legal copying, publishing or production activities include:
(1) Acts authorized by the copyright owner, According to Article 23 of the Copyright Law: “Using other people’s works must conclude a contract with the copyright owner or obtain permission.”
(2) Without the permission of the copyright owner, but Use their works within the reasonable scope provided by law. Article 22 of China’s Copyright Law stipulates that the scope of fair use of works without the permission of the copyright owner includes:
A is for personal study, research or appreciation, using the published works of others;
B is to introduce and comment on a certain work or explain a certain topic, and appropriately quote the published works of others in the work;
C reports current affairs news in newspapers and periodicalsQuoting published works in radio, television programs or news documentaries;
D newspapers, periodicals, radio stations, and television stations to publish or broadcast speeches delivered at public gatherings, unless the author declares that they are not allowed to be published or broadcast;
E is for school classroom teaching or scientific research, translating or copying a small amount of published works for use by teaching or scientific researchers , but shall not be published or distributed;
F state agencies are Use published works when performing official duties;
G Books For the needs of libraries, archives, memorial halls, museums, art galleries, etc., to display or preserve editions, copy the works collected by the museum;
H perform published works for free;
J Copy, paint, photograph, and videotape works of art installed or displayed in outdoor public places.
K’s work has exceeded the rights protection period. In addition, it is possible to translate published works in Han Chinese characters into minority languages for domestic publication or to convert published works into Braille for publication without the permission of the copyright holder.
Users of works that can be used within the scope of the law without permission from the copyright owner are not required to pay remuneration to the copyright owner , but the name of the author and the title of the work should be specified, and other rights enjoyed by the copyright holder in accordance with the Copyright Law should not be infringed. In judicial practice, when investigating crimes of copyright infringement, attention should be paid to understanding the relevant copyright holders and their rights in the Copyright Law , copyright ownership, rights protection period, rights restrictions and other regulations, distinguish the boundaries between copyright infringement and legal use of works, so as to accurately punish criminal acts of copyright infringement and protect the legitimate rights and interests of copyright owners, legal users, etc.
2. Pay attention to the amount standards and correctly distinguish between the crime of copyright infringement and Civil infringement.
The amount of illegal income is relatively large or The existence of other serious circumstances is an important criterion for distinguishing the crime of copyright infringement from civil torts. Although there is infringement of copyright, if the amount of illegal gains does not reach a large amount or the circumstances are not serious, it is a general civil infringement and cannot be treated as a crime. .
The editor’s summary ends here, if If you have more questions in this regard, you are welcome to consult the Legal Savior Network. The Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.
