What are the aspects of copyright infringement
1. Without copyright Publish your work with your consent. This is a violation of the copyright owner's right of publication. After the work is completed, it is the copyright owner's right to publish it when, where and in what form. Publishing a work without the consent of the copyright owner, or not publishing it at the time, place, or method required by the copyright owner, is a copyright infringement.
2. Without the permission of the co-author, publish the works created in collaboration with others as your own alone. This behavior infringes upon the copyright owner's right of publication and signature. A collaborative work is jointly created by two or more authors and is the joint result of the creative labor of the co-authors. Article 13 of the Copyright Law stipulates that if a joint work can be divided, the co-authors can only exercise the right of publication and signature for the part of the work they created that can be divided. For inseparable collaborative works, the co-authors should jointly decide whether to publish the work. When co-authors disagree, authors may not prevent other authors from publishing their works without justifiable reasons. However, all authors should be credited when publishing their work.
3. Without participating in the creation, in order to seek personal fame and fortune, he signed other people's works. This behavior violates the author's right of authorship. According to the Copyright Law, only the author of a creative work has the right to sign. Others who did not participate in the creation have no right to sign the work without the author's consent. Creation refers to intellectual activities that directly produce literary, artistic or scientific works. If it is just organizing work, providing consulting opinions, material conditions or other auxiliary activities for others to create, it cannot be regarded as creation, and you have no right to sign on the work. Of course, if the author takes the initiative to ask people who did not participate in the creation to sign his work in order to expand the influence of the work or for other reasons, it is generally not regarded as infringement.
4. Distort or tamper with other people’s works. This is a violation of the author's right to modify the work and protect the integrity of the work. Distortion mainly refers to intentionally or negligently misinterpreting the author's original intention when modifying other people's works. There are two situations when a user modifies other people's works: first, modifying other people's works without the author's authorization, this undoubtedly infringes upon the copyright owner's right to modify; secondly, although authorized by the copyright owner, the modification exceeds the scope of authorization, so that it violates the author's original intention and distorts the content of the work, which is also an infringement. Tampering means changing the name and content of other people's works without the author's consent. The purpose is that if it is just because of a deviation in the understanding of the work that damages the correctness and completeness of the content of the work or the perfection of the expression, it should generally not be considered as distorting or tampering with other people's works.
5. Perform or play without permission , exhibition, distribution, production of films, televisions, videos, or translation, annotation, adaptation, editing, etc. of other people’s copyrighted works, except as otherwise provided for in the Copyright Law. This is an infringement of the copyright owner's right to use the work and to receive remuneration. According to the provisions of the Copyright Law, if the copyright owner has not prohibited the use of his or her works, then the published works may be used without the permission of the copyright owner only if the conditions of fair use and statutory permission are met. In addition, any performance, broadcast, exhibition, distribution, film, television, video, or translation, annotation, adaptation, or editing of the work must obtain the permission of the copyright owner, otherwise it will constitute an infringement.
6. Using other people’s works without paying remuneration in accordance with regulations. This is a violation of the copyright owner's right to remuneration. The Copyright Law stipulates that copyright owners have the right to receive remuneration for the use of works by others. Unless there are legal provisions or contractual provisions, if others use a copyrighted work with legal permission without paying remuneration as stipulated, it will infringe the copyright owner's right to receive remuneration. In the case of legally permitted use, it may happen that the user is willing to pay remuneration, but does not know who the copyright owner is or where the copyright owner's address is and cannot deliver the remuneration to the copyright owner. According to the provisions of Article 49 of the "Regulations for the Implementation of the Copyright Law", in this case, the user should send the remuneration to the institution designated by the National Copyright Administration within one month, and the institution will transfer it to the copyright owner, otherwise it will be a kind of infringement.
7. Plagiarism and copying other people’s works. In the Copyright Law, plagiarism and plagiarism are synonymous. They both refer to the act of publishing other people's works as one's own. Plagiarism and plagiarism are regarded as the most typical infringements. The most easily identifiable form of plagiarism is copying his work verbatim, but in practice it is common to plagiarize part of another person's work or plagiarize other people's work with changes.
8. Copying and distributing the work for profit without the consent of the copyright ownergood behavior. This is an infringement of the copyright owner's right to use and receive remuneration. Copying refers to the act of making one or more copies of a work by printing, copying, copying, rubbing, recording, videotaping, ripping, or photographing. Copying works using the above methods is often in large quantities and has a wide distribution range, which directly affects the economic interests of the copyright owner, so this is a serious and common infringement. It should be noted that the purpose of profit-making does not require that the infringer actually obtains economic benefits. As long as the infringer's motive for committing the infringement is to pursue economic benefits, it can be determined.
9. The act of broadcasting a performer's performance live without the performer's permission, and allowing ** radio and television stations to broadcast the performer's performance live is the performer's right. **If a radio station wants to broadcast a performer's performance live, it must not only obtain the consent of the copyright holder of the work, but also obtain the permission of the performer, otherwise it will infringe the performer's rights.
10. The act of making or publishing audio or video recordings of performances without the permission of the performers. Article 6, Paragraph 4 of the Copyright Law stipulates that performers have the right to allow others to record or videotape for profit-making purposes and obtain remuneration for profit. Therefore, the act of recording or videotaping the performance without the permission of the performer violates the performer's rights.
11. Publish books for which others have exclusive publishing rights. According to the provisions of the Copyright Law, the contract entered into between a book publisher and the copyright owner is an exclusive publishing contract. During the validity period of the contract, no other publisher can publish the same work again, otherwise it will infringe on the publisher's exclusive publishing rights. .
12. Copy and distribute audio-visual works produced by the sound or video producers without their permission. Since the initial recording process of audio and video recording is complicated, the investment and risk are relatively high, while ripping is relatively easy. In order to provide economic compensation to the producers of audio and video recordings, the Copyright Law stipulates that producers of audio and video recordings have the right to license others to copy, distribute and receive remuneration for the audio and video recordings they produce. Any act of copying and distributing audio-visual works without the permission of the producers of sound and video recordings is an act of infringement.
13. The act of rebroadcasting, copying and distributing radio and television broadcasts produced by radio and television stations without their permission. According to the provisions of the Copyright Law, radio and television stations have the right to broadcast and license others to broadcast and receive remuneration for the radio and television programs they produce, and the right to license others to copy, distribute and receive remuneration. Therefore, the act of rebroadcasting or copying the radio and television produced by a foreign radio station or television station without permission is an infringement.
14. The act of producing and selling works of art that counterfeit the signature of others. Strictly speaking, what this kind of behavior infringes on is the name rights of others, and does not involve the copyright of the copyright owner, because he only signs other people's names on his own works and does not directly involve the copyright owner's works. However, since this behavior will inevitably have a negative impact on the author and society, the Copyright Law also stipulates it as an infringement.
What is the copyright litigation procedure?
1. Prosecution: Submit a complaint to the filing division of the court with jurisdiction. The first-instance cases of copyright civil disputes shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of their respective jurisdictions. Civil lawsuits filed due to copyright infringement shall be under the jurisdiction of the people's court in the place where the infringement is committed, where the infringing copies are stored or seized, and where the defendant is domiciled.
2. Case filing: If the court considers that the conditions for filing are met after case filing review, it will notify the parties to pay the litigation fees within 7 days, and the case will be filed after paying the fees.
3. After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days.
4. Evidence exchange.
5. Court hearing.
6. Professional appraisal: The People's Court may decide whether to conduct professional appraisal based on the actual needs of the case. If there is no statutory appraisal department, the parties can negotiate on their own to select an appraisal department to carry out the appraisal; if the negotiation fails, the People's Court may designate a professional organization with certain authority as the appraisal department as needed, or entrust the Ministry of Science and Technology or the provinces (autonomous regions, municipalities directly under the Central Government) ) The competent department organizes experts to conduct appraisals, but should not entrust the State Intellectual Property Office, the Trademark Office of the State Administration for Industry and Commerce, and the National Copyright Office to conduct professional appraisals. The appraisal department and appraisers shall appraise professional and technical issues and express opinions on the factual issues submitted for appraisal. The appraisal department and the appraiser shall submit the appraisal conclusion, the factual basis and reasons for the conclusion, and opinions in written form to the people's court. The appraisal conclusion shall be accepted or not accepted after cross-examination by the parties; the parties have the right to request the appraiser to appear in court for questioning.
7. If the collegial panel makes a decision in consultation and is dissatisfied with the decision, it shall appeal to the higher people's court within 10 days from the date of service;If the judgment is not satisfied, an appeal shall be made to the higher people's court within 15 days from the date of service.
The above knowledge is the editor’s answer to the question “In what aspects does copyright infringement manifest itself?” Publish their own works, publish works independently without the permission of co-authors, distort or tamper with other people's works, etc. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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