Is editing and splicing other people’s videos considered infringement?

It is an infringement. There are facts of infringement. That is, the perpetrator uses the copyright owner's works without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law. The behavior is illegal. Copyright is an absolute right, and no one has the obligation not to infringe that right. 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. Let’s take a look with Hua Lu’s editor.

1. Is editing and splicing other people’s videos considered infringement?

Is it considered infringement? Behavior.

1. There are facts of infringement. That is, the perpetrator uses the copyright owner's works 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 no one has the obligation not to infringe that right.

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.

If the editor does not obtain the consent of the copyright owner, he cannot edit and disseminate it privately. At this time, the copyright owner can request the infringer to stop infringement and compensate for losses.

Legal basis:

Article 52 of the Copyright Law of the People's Republic of China

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) Publish the work without the permission of the copyright owner;

(2) Publish the work without the permission of the co-author Works created in collaboration with others are published as works created by oneself alone;

(3) Without participating in the creation, for the purpose of seeking personal fame and gain, signing other people's works of;

(4) Distorting or tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6) Without the permission of the copyright owner, use the work by displaying or filming audio-visual works, or use the work by adapting, translating, annotating, etc., except as otherwise provided for in this law;

(7) Remuneration should be paid for using other people’s works but has not been paid;

(8) Failure to do so With the permission of the copyright holder, performer or producer of audio-visual works, computer software, audio and video products, leasing the originals or copies of their works or audio and video products, unless 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) Broadcasting or publicly transmitting live performances, or recording performances without the permission of the performers;

(11) Other copyright infringements and Acts of rights related to copyright.

2. What are the constituent elements of infringement

The constituent elements of tort liability:

1. The illegality of the behavior. The behavior committed by the actor violated the prohibitive or mandatory provisions of the law;

2. The existence of the fact of damage. It includes damage to public property, damage to private property, and damage to non-property rights;

3. Causal relationship. Illegal There is a causal relationship between the behavior and the fact of damage. That is, the occurrence of the fact of damage is due to the implementation of the illegal act. If the fact of damage is not caused by the implementation of the illegal act, it does not constitute an infringement;

4. The actor is subjectively at fault. Fault is a subjective factor in the constituent elements of a tort. As long as the actor is subjectively at fault, no matter what theWhether intentional or negligent, general negligence or gross negligence, you should be liable for compensation.

Compensation standards for infringement: If you infringe upon others and cause personal injury, you should compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. for treatment. and reasonable expenses for rehabilitation expenses, as well as loss of income due to missed work. If the property of others is infringed upon, the property losses shall be calculated according to the market price at the time of the loss or other reasonable methods.

Legal basis: Article 1165 of the Civil Code of the People's Republic of China

If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability.

According to legal provisions, it is presumed that the actor is at fault, but if he cannot prove that he is not at fault, he shall bear tort liability.

3. How long is the statute of limitations for infringement proceedings

Infringement The statute of limitations is three years. The statute of limitations shall be calculated from the date when the right holder knows or should know that the right has been damaged and the obligor knows. If the law provides otherwise, such provisions shall prevail. However, if it has been more than twenty years since the right was damaged, the People's Court will not grant protection;

In special circumstances, the People's Court may, based on the application of the right holder decided to extend. The so-called statute of limitations means that the right holder whose civil rights have been infringed does not exercise his rights within the statutory statute of limitations. When the statute of limitations expires, the debtor obtains the right to defend against the statute of limitations. If a lawsuit is filed within the statute of limitations, the people's court will force the obligor to perform the obligations assumed. If a lawsuit is filed beyond the statute of limitations, if the other party raises a statute of limitations defense and finds that there are no reasons for suspension, interruption, or extension, the lawsuit will be dismissed by the court.

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