What is the standard for judging copyright infringement
First, judging based on the purpose of using the work is generally based on the legislation of various countries. Whether it is for profit-making purposes will be the criterion for judging whether it constitutes fair use. The non-profit requirement for fair use is based on the principle of fairness. It is certainly unfair to the copyright owner if users are allowed to profit from other people's copyrighted works for free.
Second, the element of judging the nature of the work being used based on the nature of the work is to judge fair use from the perspective of the work itself, what nature is used works are more likely to be deemed fair use. In analyzing this element, "legislators and judges cannot create an appropriate standard for fair use but must assess its scope by examining all factors."
Sec. 3. Judging the extent of use of a work based on the extent of use of the work refers to the quantity and quality of use compared with the entire copyrighted work. Fourth, judging the market impact on the used work based on its market impact is considered to be the most important factor in determining fair use, because there is only one step between fair use and infringing use. In the end, it always comes down to the result of the act. Fair use does not mean to exclude all acts that cause damage to the copyright owner, but to limit the damage to a certain range. Use beyond this range should be licensed. Use must be legally permitted, otherwise it is an infringement.
Why copyright restrictions
The purpose of copyright protection is not only to protect the legitimate rights and interests of authors, but also to encourage them The motivation for creating literary, artistic and scientific works is also to promote the dissemination and use of the works, thereby enriching people's spiritual and cultural life, improving people's scientific and cultural quality, and promoting economic development and the progress of human society.
The limitations of copyright mainly concern the property rights in copyright. Due to differences in their respective economic development levels, legal traditions and copyright protection histories, each country has different restrictions on copyright.are not consistent in terms of determination. Generally speaking, countries with a high level of copyright protection have fewer copyright restrictions; countries with a higher level of copyright protection have more copyright restrictions. In accordance with the needs of my country's socio-economic and cultural development, our country's copyright law, while protecting the legitimate rights and interests of authors, restricts the rights of authors to a certain extent.
What types of restrictions on copyright are usually divided into? Broadly speaking, restrictions on property rights in copyright also include time restrictions and geographical restrictions. However, the limitations of copyright that people often talk about refer to some restrictions on the exercise of copyright, that is, under specific circumstances stipulated by law, the use of works protected by copyright does not need to comply with certain provisions of the copyright law. It can be seen that the restrictions on copyright are actually some exceptions. The "Restrictions on Rights" section of my country's Copyright Law also provides for this. According to the provisions of copyright laws in various countries around the world, restrictions on the exercise of copyright are mainly divided into three methods: ① fair use; ② compulsory license; ③ statutory license. According to my country's specific national conditions, my country's Copyright Law mainly stipulates two restrictions on "fair use" and "statutory license".
If you need detailed information about copyright infringement, it is recommended that you consult a lawyer online at the Legal Savior website and let a professional lawyer give you detailed answers.