How to identify copyright infringement
According to the characteristics of copyright protection, the identification of copyright infringement can be divided into the following steps:
1. Analysis of the plaintiff’s works
The creation of copyright adopts the principle of automatic protection, that is, once the work is created, the copyright It comes into being. Therefore, unlike the determination of other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the issue of 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. Regarding the allegedly infringing works and the defendant’s use of them Analysis
Analysis of the allegedly infringing works can be The following two criteria apply: First, "contact", that is, the opportunity to come into contact with the previous work; The second is "substantial similarity", that is, the part that should be protected by copyright is 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.
In our country’s judicial practice, the People’s Court determines the original , there have also been successful cases in determining whether there are substantial similarities between the defendant’s works.
Article 47 of the Copyright Law
Those who commit 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) Publishing his works without the permission of the copyright owner;
(2) Publishing a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Not participating in the creation, in order to seek personal fame and fortune, in others Signature on the work;
(4) Distortion and tampering Works of others;
(5) Plagiarizing other people’s works;(6) Using the work in exhibitions, making movies, or using methods similar to making movies without the permission of the copyright owner, Or use works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Without the permission of the copyright holders of film works and works created by methods similar to filmmaking, computer software, audio and video products, or copyright-related rights holders, Leasing his works or audio and video products, except as 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) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.If you still have any questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.