How to define infringement in a script

The so-called works refer to the author’s specific expression of thoughts, emotions, themes, etc. Infringement of articles and novels is emerging in an endless stream. As people’s awareness of the protection of originality increases, such products are constantly being eliminated. However, in the process of rights protection, there will be There are some controversial phenomena, so how to define infringement in the Script? The editor of Legal Savior Network will answer it for you below.

1. How to define infringement in a script

The specific determination is:

First, the infringer uses other people's scripts without the consent of the script author and without legal basis;

Second, the infringer’s behavior infringes upon the script author’s copyright and causes the script author’s property or non-property losses.

Article 11 of the "Copyright Law" stipulates that copyright belongs to the author, unless otherwise provided in this law. The citizen who created the work is the author. For works hosted by a legal person or other organization, created on behalf of the will of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.

2. How to punish script infringement

According to the prescribed administrative penalty standards for script infringement

(1) Order to stop infringement

The specific measures are as follows:

①Order to stop sales immediately;

②Confiscate and destroy infringing goods;

③Confiscate and destroy tools specifically used to manufacture infringing goods and forge registered trademarks.

(2) Imposing a fine

For infringement of the exclusive right to use a registered trademark but not yetIf a crime is not constituted, the industrial and commercial administrative organs may impose a fine of less than 50% of the illegal business volume or less than five times the profits obtained from the infringement according to the circumstances; the person directly responsible for the infringement unit may be fined not more than 10,000 yuan according to the circumstances.

If the party concerned is dissatisfied with the above two treatments, the party concerned may file a lawsuit in the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within 15 days from the date of receiving the notice. If neither prosecution nor performance is made within the time limit, the industrial and commercial administration authority shall apply to the People's Court for compulsory enforcement.

The above is the content compiled by the editor. We can understand that there is no legal basis for using other people's scripts without the consent of others. It may cause infringement. After a copyright dispute occurs, if both parties are unwilling to negotiate or the negotiation fails; they are unwilling to mediate the agreement or regret it after mediation, etc. You can file a lawsuit directly with the People's Court. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.