How to determine film and television infringement

The determination of film and television infringement is to publish it at will without the approval of the original video creator, or to use the video to make a movie without consent; and to reuse it without paying any compensation, etc. This can be considered as infringement. of. When determining whether the plaintiff's and defendant's works are "substantially similar", the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work to determine whether the two are substantially similar. The editor of Legal Savior Network will give you detailed answers below.

1. How to identify film and television infringement?

1. The determination of film and television infringement is to publish the video at will without the approval of the original video creator, or to use the video without consent Making it into a movie; and reusing it without paying any compensation, etc., can all be considered infringement.

2. "Substantial similarity" means that the parts that should be protected by copyright are substantially similar. When determining whether the plaintiff's and defendant's works are "substantially similar", the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work to determine whether the two are substantially similar.

Article 52 of the Copyright Law of the People's Republic of China

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 permission from the copyright owner

(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created solely by oneself;

(3) Those who did not participate in the creation but signed their names on other people’s works for the purpose of seeking personal fame and fortune;

(4) Distorting or tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6) Using the work by displaying or filming audio-visual works, or using the work by adapting, translating, annotating, etc., without the permission of the copyright owner, unless otherwise provided for in this law;

(7) For using other people’s works, remuneration should be paid but has not been paid;

(8) Without audio-visual works, computer software, With the permission of the copyright holder, performer or producer of audio and video products, the original or copy of his or her works or audio and video products may be leased, 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 Permission to broadcast or publicly transmit live performances, or record performances;

(11) Other acts that infringe upon copyright and copyright-related rights .

2. What is the procedure for finding a lawyer for film and television infringement?

1. Go to a law firm to go through the entrustment procedures. If the law firm believes that the appointment can be accepted, it should sign a lawyer engagement contract with the client, go through the entrustment procedures, and clearly identify the parties. The relationship between the rights and obligations of the law firm and the law firm should state the name of the lawyer assigned by the law firm to handle the case, and it should be signed and sealed by the parties and the law firm, and the date of the contract should be indicated;

2. Pay the lawyer's fee. A lawyer's legal service is a paid service, so when the parties hire a lawyer, they must pay a certain amount of lawyer's fees. Generally, the law firm shall pay a certain amount of lawyer's fees according to the "Lawyer's Fees" According to the provisions of the Trial Measures, the parties will be charged case-handling fees within the prescribed range according to the actual situation such as the complexity of the business undertaken, the length of time required, and the subject matter of the litigation. Of course, for parties who are really unable to pay attorney fees, law firms will We can provide them with legal assistance at reduced or free fees or as little charge as possible.

3. How to deal with copyright infringement?

1. The infringer shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses;

2. If the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine;

3. If the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies;

The editor of Legal Savior Network reminds you: The determination of film and television infringement is to publish it at will without the original approval, or to use this video to make a movie without consent. In actual legal problem scenarios, , the details of each case are different. In order to solve your problem accurately and quickly and protect your legitimate rights and interests, it is recommended that you contact the professional lawyers of the Legal Savior Network to explain the detailed situation and solve your actual problem one-on-one, which can better provide you with Serve.