1. Is copyright infringement a subjective fault?
Copyright infringement exists Subjective fault.
1. Copyright infringement refers to the act of using other people’s works or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis.
2. Any actor who commits acts stipulated in Articles 45 and 46 of the Copyright Law infringes upon the copyright of others and causes property or non-property damage All losses are copyright infringement.
3. Conditions required for copyright infringement
(1) There are facts of infringement That is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner 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 the obligation of inaction not to infringe this right.
(3) The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement behavior and its consequences, including both intentionality and negligence. form.
4. Characteristics of copyright infringement
(1) Multiple objects of infringement.
(2) The specificity of the violated subject.
(3) Infringement manifests itself in the illegality of using other people’s works.
(4) Diversity of forms of infringement.
"Copyright Law"
Article 54 If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder based on the actual losses suffered by the right holder or the infringer’s illegal gains; if the actual losses of the right holder or the infringer’s illegal gains are difficult to calculate , compensation can be given with reference to the royalties. For intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation can be given between one time and five times the amount determined according to the above method.
If it is difficult to calculate the actual losses of the right holder, the illegal gains of the infringer, and the rights royalties, the People's Court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan. .
The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
In order to determine the amount of compensation, if the right holder has fulfilled the necessary burden of proof and the account books and materials related to the infringement are mainly in the possession of the infringer, the people's court may order the infringer to provide the account books, materials, etc. related to the infringement; If the infringer fails to provide, or provides false account books, information, etc., the People's Court may determine the amount of compensation with reference to the right holder's claims and the evidence provided.
The People's Court When hearing cases of copyright disputes, at the request of the right holder, the infringing copies shall be ordered to be destroyed, except under special circumstances; materials, tools, equipment, etc. mainly used for making infringing copies shall be ordered to be destroyed without compensation; or in special cases, In this case, the aforementioned materials, tools, equipment, etc. shall be ordered to be prohibited from entering commercial channels without compensation.
2. What are the constituent elements of copyright infringement?
From the perspective of the constituent elements of copyright infringement, we should start with "fault" " and "no fault", analyzed from two aspects, when the principle of fault induction is applied, its composition must simultaneously have the illegality of the behavior: (injurious behavior), the fact of damage, causation and fault. Based on no fault For torts determined under the principle of fault liability, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.
1. illegality.causingThe act that damages the facts must be illegal in nature, and then the perpetrator shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.
2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability.
3. What types of copyright infringement can be divided according to liability?
(1) Infringements that should bear civil liability:
1) Publishing the work without the permission of the copyright owner;
2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else’s work;
4) Distorting or tampering with other people’s works;
5) Plagiarizing other people's works;
6) Exhibiting without the permission of the copyright owner , use the work in the way of making audio-visual works, or use the work in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;
7) Use For other people’s works, remuneration should be paid but has not been paid;
8) Without the copyright owner, performer or audio and video works of audio-visual works, computer software, audio and video products, or audio and video products With the permission of the producer, rent the original or copy of his or her work or audio and video products, except as otherwise provided for in the Copyright Law;
9) Without permission With the permission of the publisher, use the layout design of the books and journals published by it;
10) Live broadcast or publicly transmit the live performance without the permission of the performer , or recording of its performance;
11) Other acts that infringe on copyright and copyright-related rights.
(2) In addition to civil liability, if the behavior is serious, you may also be required to bear administrative liability or even criminal liability for infringement:
1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law;
2) Publish books for which others have exclusive publishing rights;
3) Without the permission of the performer Permit, copy, and distribute audio and video recordings of their performances, or disseminate their performances to the public through information networks, except as otherwise provided for in this law;
4) Copying, distributing, and disseminating to the public through information networks the audio and video products produced without the permission of the audio and video producers, except as otherwise provided for in this law;
5) Playing, copying or disseminating radio or television to the public through information networks without permission, except as otherwise provided for in this law;
6 ) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoid or destroy technical measures, intentionally manufacture, import or provide to others devices or components mainly used to avoid or destroy technical measures, or intentionally provide others with Avoiding or destroying technical measures to provide technical services, unless otherwise provided by laws and administrative regulations;
7) Without the copyright owner or copyright-related rights Who intentionally deletes or alters the rights management information of a work, layout design, performance, audio or video recording, or radio or television broadcasts with the permission of a person who knows or should know the rights management information of a work, layout design, performance, audio or video recording, or radio or television broadcast Information that has been deleted or changed without permission is still provided to the public, unless otherwise provided by laws and administrative regulations;
8) Produce and sell fake signatures of others of works.
[Warm reminder]: The editor tells you: the behavior that causes the damage must be illegal in nature, and only the perpetrator shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. I hope the above content can be helpful to you. If you have any otherFor other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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