How to determine liability for copyright disputes

Copyright is a very important right under national law based on the original author of a work. It declares the true ownership of the work and prevents malicious misappropriation by others. So, how to determine liability for copyright disputes? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

How to determine liability for copyright disputes

Copyright is copyright, and according to copyright protection Characteristics of copyright disputes can be divided into the following steps:

1. Analysis of the plaintiff's works

According to the provisions of our country's laws, the creation of copyright adopts the principle of automatic protection, that is, once the creation of the work is completed, the copyright is generated. Therefore, unlike the determination of other types of intellectual property disputes such as patents and trademarks, the determination of copyright disputes also involves the validity of rights. A work with valid copyright must meet the following conditions: it belongs to the scope of works protected by copyright law; it is original; and it can be copied in some tangible form. As long as any of the conditions are not met, the plaintiff's works are not protected by copyright law. Thus, the defendant certainly did not infringe the rights. If the plaintiff's work meets both of the above conditions, the work is protected by copyright law.

2. Analysis of the alleged disputed works and the defendant’s use

The following two criteria can be applied to the analysis of the allegedly infringing work: one is "access", that is, the opportunity to come into contact with the previous work; the other is "substantial similarity", that is, it should be protected by copyright Some are substantially similar. Among them, the latter is the focus of identification. 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 10 of the Copyright Law: Copyright includes the following personal rights and property rights:

(1)The right of publication, that is, the right to decide whether the work will be made public;

(2) The right of signature, that is, the right to indicate the identity of the author and sign the work Rights;

(3) Right of modification, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

(5) Right of reproduction, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, or photocopying;

(6) Distribution right, that is, the right to provide originals or copies of works to the public by selling or donating them;

(7) Rental rights, that is, the right to license others to temporarily use film works and works created with methods similar to filmmaking, and computer software for a fee, except for computer software that is not the main subject of the lease. ;

(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;

(9) Performance rights, that is, the right to publicly perform works and to use various means to publicly broadcast the performances of works;

(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment ;

(11) Broadcasting rights, that is, public broadcasting or dissemination of works by wireless means, and wired dissemination or rebroadcasting to the public The right to disseminate broadcast works and to disseminate broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds and images;

(12) Information network dissemination right, that is, the right to provide works to the public in wired or wireless ways, so that the public can obtain the works at a time and place of their own choosing;

(13) Filming right, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie;

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(14) Adaptation right, that is, the right to change a work and create an original new work;

(15) Translation right, that is, the right to convert a work from one language to another;

(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;

(17) Other rights that should be enjoyed by the copyright owner.

The copyright owner may Allow others to exercise the rights specified in items (5) to (17) of the preceding paragraph and receive remuneration in accordance with the agreement or the relevant provisions of this law.

The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this law.

The above knowledge is the editor's answer to the question "How to determine liability for copyright disputes". If you need more legal help, welcome to the Legal Savior Network. Legal advice.