What are the conditions for identifying copyright infringement
Determination of infringement of general works
Due to the rich and complex contents of copyright and neighboring rights, the identification of infringement of copyright and neighboring rights is also complicated. situation. The basic essentials of identification are still:
First, grasp the type and scope of the rights enjoyed by the copyright holder or neighboring right holder;
Secondly, master the expression form and characteristics of its works as a carrier of rights;
Grasp again the expression form and characteristics of the alleged infringer's work;
Fourth, compare the two works Whether they are identical or similar;
The fifth is to know whether the alleged infringer has come into contact or may have come into contact with the works of the right holder who made the complaint. In practice, sometimes it is checked It can also be helpful to identify infringements by clarifying whether the authors of the two contrasting works have or have had contact relationships or possibilities with respect to the works.
Those who infringe copyrights shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if they harm the public interest at the same time, they may The copyright administrative department shall order the infringement to cease, confiscate illegal gains, confiscate and destroy infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools, and equipment mainly used to make infringing copies. etc.; if it constitutes a crime, criminal liability shall be pursued in accordance with the law.
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