Is infringement of personal copyright law serious?
Basics on whether infringement of personal copyright is serious or not It depends on the circumstances of the infringement. If the infringement is serious, the infringer may be held criminally responsible.
"Copyright Law of the People's Republic of China"
Article 48 includes the following infringements If the infringement occurs, the person shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances; if the public interest is harmed at the same time, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, and confiscate and destroy the infringing copies. A fine may be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the works to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Without performing With the permission of the author, reproduce and distribute audio and video recordings of his or her performance, or disseminate his or her performance 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 or copying radio or television without permission, except as otherwise provided for in this law;
(6) Playing or copying radio or television without permission; With the permission of the copyright owner or copyright-related rights holder, intentionally avoid or destroy the technical measures taken by the rights owner to protect the copyright or copyright-related rights for his works, audio and video products, etc.Unless otherwise provided by laws and administrative regulations;
(7) Deliberately deleting or changing works without the permission of the copyright owner or copyright-related rights holder , audio and video products, etc., unless otherwise provided by laws and administrative regulations;
(8) Produce and sell works that counterfeit the signature of others of.
What rights does copyright content include
Copyright is divided into personal rights and property rights. Specifically include:
(1) Right of publication, that is, the right to decide whether the work will be made public. It also includes the right to decide in what form and when and where to publish.
(2) Right of signature, that is, the right to indicate the identity of the author and sign his name on the work. The author has the right to sign or not to sign; he has the right to sign his real name or his pseudonym (pen name). Authors also have the right to prohibit others from signing their works.
(3) Right of modification, that is, the right to modify or authorize others to modify the work. Whether to modify, how to modify, and whether to authorize others to modify should be based on the author's wishes and should not be forced.
Modifying a work is different from adapting a work. The modifications mentioned here are partial changes to the content of the work and corrections to the text and terminology. Adaptation refers to changing the work from one type to another without changing the basic content of the work (such as adapting a novel into a movie script), or changing the genre of the original work without changing the type (such as turning a scientific monograph into a novel). Rewritten as a popular science book).
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering. Authors have the right to protect their works from being vilified by others, from deletions, additions or other damaging changes that go against their ideas. The significance of this right is to protect the author's reputation and reputation and to maintain the integrity of the work.
The right to protect the integrity of the work and the right to modify are interrelated. Infringement of the right to modify often also violates the author's right to protect the integrity of the work.
(5)The right to reproduce, that is, the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, ripping, photographing, etc.;
( 6) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;
(7) Leasing rights, that is, licensing others for a fee The right to temporarily use film works, works created using similar filmmaking methods, and computer software, except that computer software is not the main subject of the rental;
(8) The right of exhibition, that is, the right to publicly display the originals or copies of works of art and photography;
(9) The right of performance, that is, the right to publicly perform works and use various The right to publicly broadcast the performance of the work by various means;
(10) The right to display, that is, the public reproduction of art, photography, film and other works through technical equipment such as projectors and slide projectors. The rights to works created using methods similar to filmmaking.
(11) Broadcasting rights, that is, public broadcasting or dissemination of works by wireless means, dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and through The right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;
(12) Information network dissemination rights, that is, Providing works to the public through wired or wireless means, so that the public can obtain the rights to the works at a time and place of their own choosing;
(13) Filming rights , that is, the right to fix the work on a carrier by making a movie or using a method similar to making a movie;
(14) The right of adaptation, that is, changing the work, creating The right to produce original new works;
(15) Translation rights, that is, the right to convert works from one language into another language ;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
Copyright infringementHow to compensate
(1) Compensation standards for copyright infringement:
According to Article 49 of the Copyright Law stipulates, “If a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer’s illegal income. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan. ."
(2) Evidence of the compensation that the perpetrator of copyright infringement should bear, including the following aspects:
1. Evidence of the plaintiff’s actual losses. For example, the amount by which the plaintiff’s profits are reduced by the defendant’s infringement; the plaintiff’s reasonable licensing fees; the expected loss of profits resulting from the plaintiff’s inability to perform or difficulty in performing the licensing contract due to the defendant’s infringement, etc.
2. Evidence of the infringer’s illegal income. For example, the defendant's copyright fees and the defendant's financial statements reflect operating profits and other conditions.
3. Evidence of the reasonable expenses paid by the obligee to stop the infringement. Mainly include: attorney fees, notary fees and other investigation and evidence collection fees, transportation, food and accommodation fees, printing and mailing fees for litigation materials, etc.
4. Other evidence. Under normal circumstances, it is difficult to obtain evidence of the actual losses of the right holder or the illegal gains of the infringer. In this case, when determining the amount of compensation, the court will take into account factors such as the popularity and market value of the work, the popularity of the right holder, the subjective fault of the infringer, the method, time, scope, and consequences of the infringement.
The above knowledge is the editor’s answer to the question “Is the infringement of personal copyright serious?” Whether the infringement of personal copyright is serious or not depends on the circumstances of the infringement. If the infringement If the circumstances are serious, the infringer may be held criminally responsible. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
