The constituent elements of copyright infringement ：
1. The infringed subject matter should be within the scope of protection by Copyright law.
The subject matter protected by copyright law has 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), paintings, sculptures and engravings and other fine arts works; (6), photography works and pictures; (7), films and other audio-visual works; (8), maps, technology and architecture 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. Must be expressly protected by copyright law Exclusive Rights.
With the expansion of copyright protection objects, 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), broadcast rights; (8), information network dissemination rights; (9), filming rights; (10), adaptation, translation, compilation right. Copyright does not include the above-mentionedIn addition to economic benefits, there is also value in people. Although the common law countries do not explicitly stipulate the content of personal rights of works in copyright law, they still rely on common law legal principles to protect them, 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 have copyright.
When a plaintiff files a copyright infringement lawsuit, he must first prove that he enjoys 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 owner.
Reproduction, 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 focuses on the protection of public interests, to a certain extent, even if the work is used without permission, the defendant can still use it as "fair use". The reason is that the defense is exempt from liability. 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, whether it is commercial use or non-profit distinguished by educational purposes;
(2), the nature of the work protected by copyright law;
(3), use The proportion of quantity and substance to the entire protected work;
(4) The impact of use on the economic market value of copyright-protected works.
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