How to determine liability for damages for copyright infringement of photographic works
According to legal provisions, any violation of copyright law without the permission of the copyright owner According to the relevant provisions of the law, unauthorized use of works protected by copyright law and infringement of personal rights and property rights in copyright is an act of infringement of copyright. Copyright infringement is divided into direct infringement and breach of contract infringement. The most popular one now is direct infringement. Direct infringement means that the infringer directly infringes the copyright without the permission of the copyright owner.
The following four elements should be considered:
First, whether there is an object of copyright infringement, that is, a work created by the copyright owner;
Second, is there any violation?Legal acts, one of which is the use of other people's works without the permission of the rights holder, the other situation is the use of other people's works without legal basis, does not belong to the fair use and statutory permission stipulated in the law, which also includes the use not in accordance with the copyright law. Use other people’s works according to the conditions of use;
Third, whether There are damage consequences caused by the infringement, that is, whether it has infringed upon the copyright owner's personal rights and property rights arising from the copyright, and whether it has caused the copyright owner's personality, reputation, and economic losses;
Fourth, whether the perpetrator of the infringement is subjectively at fault, where fault includes intentionality and negligence. Intentional It refers to the infringer's subjective and malicious conduct that infringes on the copyright of others in order to seek personal interests. Negligence refers to the infringer's failure to fulfill his duty of review or reasonable care. If the above four elements are met, it is a typical copyright infringement.
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