Identification of copyright infringement and legal liability
1. The fact of infringement is that the perpetrator used the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the copyright owner's permission and without complying with the conditions of use stipulated in the copyright law.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for failing to infringe on this right. obligation. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal.
3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer's psychological state regarding his infringement and its consequences, including intentional and negligent forms. . The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence.
(1) Civil liability for copyright infringement:
"Copyright Law of the People's Republic of China" Article 46 stipulates that, according to the circumstances, one shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses.
(2) Administrative liability and criminal liability for copyright infringement:
According to Article 47 of the Copyright Law of the People's Republic of China, those who commit infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if they harm public interests at the same time, they may be subject to copyright administrative management The department orders the infringement to cease, confiscates illegal gains, confiscates and destroys infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; this constitutes a crime , be held criminally responsible in accordance with the law.
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