Is it illegal to buy and sell TV drama resources?

We all know that in our laws, we have always attached great importance to the copyright protection of literary works, especially film and television works. However, for our society, because the jurisdiction is too large and involves too many people, piracy and trading often occur. Regarding the situation of TV and movie resources, is it illegal to buy and sell TV series resources? The editor of Legal Savior Network has compiled relevant content and hopes it will be helpful to you.

Is it illegal to buy and sell TV series resources

is an infringement.

Works that have been disseminated on the Internet, except copyright Unless the person declares or the network service provider is entrusted by the copyright owner to state that no reprinting or excerpting is allowed, these works can be reprinted or excerpted online or through traditional media such as newspapers and periodicals, but remuneration must be paid in accordance with regulations and the author and source must be indicated. Therefore, the current purchase and sale of TV drama resources is generally an infringement. However, due to the difficulty and high cost of obtaining evidence for online infringement, there are generally few cases of prosecution.

Essentials for copyright infringement

From the perspective of the constituent elements of infringement, It should be analyzed from two aspects: "fault" and "no fault". 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. As for torts determined based on the principle of no-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. The act that caused the actual damage must be illegal in nature, and the actor 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. However, if the infringer commits infringement without causing actual damage to the copyright owner, should he bear infringement liability? If someone illegally copies a large amount of a copyright owner's work without the permission of the copyright owner, is this a copyright infringement? Another example is a publisher who publishes without the author's permission but pays the author remuneration. I think these are infringements because they are without the author's permission and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.

3. Causal relationship. That is to say, the infringer shall bear liability only when there is a causal relationship between the infringement committed by the infringer and the damage. If the infringer has committed an infringement and illegal act, but the victim's damage has nothing to do with it, he cannot be held liable for compensation.

4. Subjective fault. In the case of copyright infringement, where fault liability is applicable, the person who is subjectively at fault must bear the responsibility. Fault is a state of mind of an actor that determines his actions. Fault includes two forms: intentional and negligent. If the actor foresees the consequences of his actions and hopes for them to happen or allows them to happen, it is called intentional fault. For example, if he knows that throwing himself into a crowd will hurt others, he still throws himself into the crowd.It is an intentional infringement. If the perpetrator should have foreseen the consequences of his actions, or could have foreseen them but did not foresee them, or even though he had foreseen them, he believed that they would not happen, so that the consequences of harm are caused, it is called a negligent fault. For example, a car driver knows that the vehicle's brakes are not working, but is confident that his skills are good, so he still drives out of the car. On the way, he hits someone because the brakes are not working. In situations where no-fault is applicable, subjective fault should not be a constitutive element of infringement.

In fact, from the above analysis, we can see that Privately buying and selling TV dramas written by others in a country without the approval of others is a crime, but it is often difficult for our country to deal with it effectively. However, for the parties involved, if there is already a clear target for litigation , it is recommended that you contact a lawyer for help. The Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.