Is there any infringement of articles published on online platforms
Depends on the circumstances. Articles that are prohibited from being reprinted are definitely infringements. Reprinting is not prohibited but Unpaid remuneration is also considered infringement.
"Supreme People's Court on the Hearing of Copyright Disputes Involving Computer Networks" Article 3 of the Interpretation of Several Issues on the Law Applicable to Cases stipulates that works that have been published in newspapers or circulated on the Internet shall not be reproduced or excerpted except where the Copyright owner declares or where newspapers, periodicals, or network service providers are entrusted by the copyright owner to declare that they shall not be reproduced or excerpted , reprinting or excerpting on the Internet, paying remuneration in accordance with relevant regulations, and indicating the source, does not constitute infringement. However, if the reprinted or excerpted work exceeds the scope of the work reprinted by the relevant newspapers and periodicals, it shall be deemed as infringement.
Therefore, if you make any mistakes when publishing an article online A statement that reprinting by other websites is an infringement; or, although there is no statement that reprinting is not allowed, reprinting by other websites without payment of compensation should also be an infringement, and the infringer can be required to bear the responsibility to stop the infringement, Eliminate the impact, apologize, compensate for losses and other civil responsibilities.
Copyright infringement conditions
Infringement of copyright requires Prepare the following three conditions:
1. The fact of infringement is that the perpetrator used the copyright without the permission of the copyright owner and did not comply with the conditions of use stipulated in the copyright law. human works, as well as performances, audiovisual products and radio and television programmes. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The behavior is illegal. Copyright is an absolute Everyone has the right to refrain from infringement of this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.
3. The perpetrator is subjectively at fault. The so-called fault is Refers to the infringer's mental state regarding his infringement and its consequences, including intentional and negligent forms. The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speakingTherefore, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
Based on the relevant answers to the above content, it can be concluded that if If an existing article has been published, there will generally be copyright infringement in this case, because the other party owns the copyright of the article. In order to avoid disputes, it is recommended to get in touch with the other party. If you have relevant legal advice, you can call the online lawyers of Legal Savior.com answer.
