1. Is video splicing infringing?
1. If there is no copyright ownership Without the person's consent or authorization, unauthorized splicing constitutes infringement.
2. The fact of infringement is that the perpetrator uses the copyright owner's works and performances without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law. , audio-visual products and radio and television programs. 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.
Legal basis:
Article 1185 of the Civil Code If the intellectual property rights of others are intentionally infringed and the circumstances are serious, the infringed party has the right to request corresponding punitive damages.
2. Can I claim punitive damages in book sales disputes
If the intellectual property rights of others are intentionally infringed, and the circumstances are serious, the infringed party has the right to request corresponding measures of punitive damages.
"Consumer Rights and Interests Protection Law"Article 55
If an operator commits fraud in providing goods or services, he shall increase the compensation to the consumer as requested. For losses suffered, the additional amount of compensation shall be the price of the goods purchased by the consumer or the fee for receiving services.Three times the amount of compensation; if the amount of increased compensation is less than 500 yuan, the amount shall be 500 yuan. If the law provides otherwise, such provisions shall prevail. If an operator knows that the goods or services are defective but still provides them to consumers, causing death or serious damage to the health of consumers or other victims, the victims have the right to require the operator to comply with Articles 49 and 51 of this Law. Other laws provide for compensation for losses, and the right to demand punitive damages of less than twice the loss suffered.
3. Conditions for copyright infringement
1. The fact of infringement is that the perpetrator used the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the copyright owner's permission and without complying with the conditions of use stipulated in the copyright law. 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.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe 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 refers to the infringer’s psychological state regarding his infringement and its consequences, including intentionality and negligence. form. Most copyright infringements are intentional. There are also a few cases that can consist of both intentionality and negligence.
[Warm reminder]: The above content tells us that without the consent or authorization of the copyright owner, unauthorized splicing constitutes infringement. In actual legal problem scenarios, the details of each case are different. In order to solve your problem accurately and quickly and protect your legitimate rights and interests, it is recommended that you click the [Consult Now] button below to explain the details to the professional lawyers of the Legal Savior Network and solve your problem one-on-one. practical issues.
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