What are the components of copyright infringement?
1. The subject matter infringed should be within the scope of protection by Copyright law
Copyright law The objects protected have gradually expanded with the development of science and technology, involving almost all creative results of intellectual labor. In order to accommodate all types of creations and adapt to new communication methods that may develop in the future, copyright laws in various countries generally adopt a combination of general provisions and enumerated provisions for flexible application. The listed forms of works are nothing more than the following: (1) Literary works (including text and language); (2) Musical works (including (music and lyrics); (3) dramatic works (including soundtracks); (4) dance and pantomime creations; (5) fine arts works such as drawings, sculptures and engravings; (6) photography works and pictures; (7) , movies and other audio-visual works; (8), maps, technology and architectural graphics. With the development of science and technology, the scope of objects protected by copyright law has to be extremely expanded to cover all forms of works, and in some countries it even extends to neighboring rights to audio and video products, radio and television programs and performances. However, the original intention of copyright law protection is to facilitate the cultural development of the public. Therefore, while expanding the objects protected by copyright law, detailed provisions must be made on excluded objects.
2. Exclusive rights that must be expressly protected by copyright law
With the development of copyright protection objects With the expansion, the types of copyright rights have also increased accordingly. Generally speaking, it includes the following items:
(1), right of reproduction; (2), right of distribution; (3), right of rental; (4), Exhibition rights; (5) Performance rights; (6) Screening rights; (7) Broadcasting rights; (8) Information network dissemination rights; (9) Filming rights; (10) Adaptation, translation and compilation rights . In addition to the above-mentioned economic benefits, copyright also has human value. Although countries with common law systems do not explicitly stipulate in copyright laws the authorship of personal worksThe content of rights is still protected by the legal principles of common law, such as breach of contract, tort, infringement of privacy, defamation, unfair competition and other concepts. The U.S. Copyright Law stipulates that states have the right to enact separate laws to regulate areas not covered by the federal copyright law, and it does not exclude the concept of personal rights in works.
3. The victim must own the copyright
When the plaintiff files a copyright infringement lawsuit, he must first prove that he has copyright Copyright. In our country, we do not adopt a system in which copyright must first be reviewed and registered by administrative agencies. Instead, we adopt a "creation" system. Once the work is created, the author obtains the copyright. However, in the lawsuit, the plaintiff still has to prove the existence of his copyright. For the existence of copyright, in addition to the above-mentioned objects and scope of rights protected by statutory law, the plaintiff must also prove:
(1) The work is original. The requirements for obtaining a copyright are different from that of a patent, which requires novelty, creativity and practicality. It is enough for copyright to be original, that is, as long as it is a result of personal hard work and independent creation rather than stealing or plagiarizing other people's works.
(2) Have the identity of Chinese nationals or are foreigners and stateless persons protected by my country’s copyright law.
4. The victim must prove that the other party has committed infringement, that is, it has infringed on several special rights protected by law of the copyright holder
Copying, exhibition, performance, distribution, etc. are all objective behaviors, and it is easier to determine whether infringement has occurred. However, for "plagiarism", that is, because "ideas" are not protected, "expressions" other than "ideas" must first be distinguished as the subject of protection. And plagiarism cannot be limited to word-for-word similarities. The judgment inevitably involves subjective value judgments and lacks objective standards.
5. The defendant shall not use the principle of "fair use" as a defense
Since copyright law is based on the public interest Protection is paramount. To a certain extent, even if the work is used without permission, the defendant can still use "fair use" as a defense. The laws of various countries also clearly define what behaviors are fair use. In addition, the criteria for judging "fair use" are clearly stated as follows:
(1) The purpose and nature of the use, that is, based on whether it is commercial use or non-profit for educational purposes;
(2) The nature of works protected by copyright law;
(3), the proportion of the quantity and substance used to the entire protected work;
(4) The impact of use on the economic market value of copyrighted works.
No comments yet. Say something...