What are the standards for identifying copyright infringement
1. Copyright infringement Refers to the act of using other people’s works or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis.
2. Any actor who commits acts stipulated in Articles 45 and 46 of the Copyright Law infringes upon the copyright of others and causes property or non-property damage All losses are copyright infringement.
3. Conditions required for copyright infringement
(1) There are facts of infringement That is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and without complying with the conditions of use stipulated in the copyright law.
(2) The behavior is illegal Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right.
(3) The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement behavior and its consequences, including both intentionality and negligence. form.
4. Characteristics of copyright infringement
(1) Multiple objects of infringement.
(2) The specificity of the violated subject.
(3) Infringement manifests itself in the illegality of using other people’s works.
(4) Diversity of forms of infringement.
Constitutive elements of copyright infringement
From the perspective of the constitutive elements of copyright infringement, we should start from the " Analyzed from two aspects, "fault" and "no fault", when the principle of fault induction is applied, its composition must simultaneously have the illegality of the behavior: (injurious behavior), the fact of damage, causation and fault. As for torts determined based on the principle of no-fault liability, since it does not consider whether the person is at fault, fault is no longer a constitutive element of this type of tort.
1. Illegality. The act that caused the actual damage must be illegal in nature, and the actor shall be liable for compensation. Otherwise, even if there is damage, the perpetrator cannot be held liable for compensation. Regardless of whether the activities carried out by the perpetrator infringe upon the interests of the copyright owner or whether the activities they carry out pose a major threat to the interests of the copyright and will inevitably damage the interests of the copyright owner in the future, this constitutes a copyright infringement.
2. Damage fact. It usually refers to the behavior carried out by the infringer that objectively brings harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no legal reason for liability, the infringer shall bear legal liability. However, if the infringer commits infringement without causing actual damage to the copyright owner, should he be held liable for infringement? If someone illegally copies a large amount of his work without the permission of the copyright owner, but does not branch out, is this an act of copyright infringement? And For example, a publisher publishes without the author's permission but pays the author a royalties. I think these are infringements because they are without the author's permission and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.
The above are the standards and components for identifying copyright infringement compiled by the editor of Legal Savior Network for your reference. In my country, there are many types of copyright infringement, such as direct infringement, indirect infringement and partial infringement. Some of the infringements are the most widespread and the most difficult to prove in litigation. Our website also provides professional lawyer services. If you need it, you are welcome to consult online.
