Under what circumstances should publishers, producers, and distributors of copies bear legal liability?

If the publisher or producer of copies cannot prove that their publication or production is legally authorized, the issuer of copies or the lessor of copies of audio-visual works, computer software, or audio and video products cannot prove that the copies they issue or rent have legal authorization. Those who come from legal sources must bear responsibility. Regarding the issues under which publishers, producers, and distributors of copies should bear legal responsibility, the editor of Legal Savior Network will answer them in detail for you below.

1. Under what circumstances should publishers, producers and distributors of copies bear legal responsibility

1. The publishers, producers, and distributors of copies shall be held liable under the following circumstances:

(1) Publication of copies The author or producer cannot prove that its publication or production is legally authorized;

(2) The publisher of the copy or the audio-visual work, computer software, audio and video products The lessor of the copy cannot prove that the copy it distributes or rents has a legal source

2. Legal basis: "Copyright Law of the People's Republic of China"

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Article 59 If the publisher or producer of the copy cannot prove that it has legal authorization for publication or production, the publisher of the copy or the audio-visual works or computer software If the lessor of copies of audio and video products cannot prove that the copies he distributes or rents come from legal sources, he shall bear legal responsibility.

In litigation proceedings, if the accused infringer claims that it does not bear infringement liability, it shall provide evidence to prove that it has obtained the permission of the right holder or has the right to can be used without the permission of the rights holder.

2. What are the types of copyright infringement

1. Direct infringement

Copied in any way without the permission of the author or other copyright holder , publishing, distribution, adaptation, translation, broadcast, performance, exhibition, filmmaking, etc., all constitute direct infringement of copyright. This type of infringement is mainly targeted atThe object to hit.

2. Indirect infringement

means that the infringement of the infringer is the infringement of others continues, thereby constituting indirect infringement; or a person must bear some responsibility for the conduct of others, but he himself has not directly engaged in any infringement.

3. Infringement of contract

This kind of infringement mainly occurs in copyright transfer and copyright licensing During the activity, if the copyright transferee or licensee violates the contract and uses the copyright beyond the stipulations of the transfer agreement or license agreement without authorization. Such behavior constitutes both breach of contract and infringement. This situation occurs frequently in the transfer and licensing of computer software.

4. Partial infringement

The infringer did not copy, adapt, translate or otherwise In other ways, the work of another is used without the permission of the copyright owner, but is a partial infringement of the work of another.

According to the provisions of the Copyright Law, if the publisher or producer of a copy cannot prove that it has legal authorization for publication or production, the publisher or producer of the copy shall Lessors of copies of audio-visual works, computer software, and audio and video products must bear liability if they cannot prove that the copies they distribute or rent are from legal sources. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.