1. How to define application software infringement
How to define application software infringement The relevant regulations are as follows:
1. Plagiarism. Plagiarism refers to the act of stealing other people's legally copyrighted software as one's own and then publishing or registering it. The main manifestation of plagiarism is plagiarism or partial plagiarism, signing one's own name (or name) on other people's software and publishing or registering it.
2. Illegal copying. Illegal copying refers to the act of making one or more copies of other people's software without the permission of the software Copyright owner. The main form of illegal copying is piracy. This kind of infringement directly robs the market share and commercial profits of genuine manufacturers. It is currently the most common software infringement, the harm is very obvious, and it is also the most well-known to the public.
3. Unauthorized use. Unauthorized use refers to the illegal use of demonstrating, modifying, translating, annotating, and applying other people's software without the permission of the software copyright owner and without legal basis.
4. Permitting others to use it without authorization. Permitting others to use without authorization refers to the act of allowing a third party to use other people's software without authorization without the permission of the software copyright owner and without legal basis.
Article 48 of the Copyright Law of the People's Republic of China
The following infringement acts If the infringement is infringed upon, the person shall, according to the circumstances, bear civil responsibilities such as stopping 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 and destroy the infringing copies. A fine may be imposed; if the circumstances are serious, 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) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;(3) Without performing Permit, copy, and distribute audio and video recordings of their performances, or disseminate their performances to the public through information networks, except as otherwise provided for in this law;
(4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, except as otherwise provided for in this law;
(5) Broadcasting or copying radio or television without permission, except as otherwise provided for in this law;
(6) Without copyright intentionally avoids or destroys the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio and video products, etc., unless otherwise provided by laws and administrative regulations;
(7) Intentionally deleting or changing the rights management electronic information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, the law , except as otherwise provided by administrative regulations;
(8) Producing and selling works that counterfeit the signature of others.
2. How many individuals can apply for software copyright
According to the provisions of the computer software copyright registration method, computer software copyright If it is jointly developed, each copyright owner can negotiate and determine one copyright owner to act as a representative.
Article 7(1) of the "Computer Software Copyright Registration Measures" The registration application for software copyright should be limited to an independently published software that can run independently.
Article 8 When registering copyright for jointly developed software, each party may The copyright holders shall negotiate and determine one copyright holder to act as their representative.
If the copyright holders disagree through negotiation, each copyright holder shall have the right to negotiate without prejudice to the other copyright holders.When applying for registration on the premise of safeguarding the interests of other copyright owners, other copyright owners should be listed during registration.
Article 9 When applying for software copyright registration, the applicant shall submit the software copyright registration application form, identification materials of the software and relevant certification documents to the Software Registration Center Each in duplicate.
Our country's laws stipulate that those who have committed infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses. According to the law, The specific provisions on the definition of application software infringement are as above. The editor of Legal Savior Network answered this question as above. Welcome to Legal Savior Network for legal consultation.
