1. What are the four elements of copyright infringement
1. Infringement The four constituent elements of copyright are as follows:
(1) Copyright infringement must be illegal
The act that caused the actual damage must be illegal in nature, and only the perpetrator 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) The fact of damage is required for copyright infringement
The fact of damage usually refers to infringement The behavior performed by a person 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.
(3) There needs to be a causal relationship of copyright infringement
Only when the copyright infringer The infringer shall bear liability only when there is a causal relationship between the infringement committed and the damage. If the infringer violates the law, but the victim's damage has nothing to do with it, he cannot be held liable for compensation.
(4) Subjective fault for infringement of copyright is required
In the act of infringement of copyright , where fault liability is applicable, the person who is subjectively at fault must bear the responsibility. Fault is a state of mind of an actor that determines his actions. Fault includes two forms: intentional and negligent. When a copyright infringer foresees that his infringement will damage the copyright rights of others, but still hopes or allows his infringement to occur, he is subjectively at fault.
2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China [Principle of Fault Liability]If an actor causes damage due to wrongful infringement of the civil rights and interests of others, he shall bear tort liability.
According to legal provisions, it is presumed that the actor is at fault and if he cannot prove that he is not at fault, he shall bear tort liability.
Article 52 of the Copyright Law of the People's Republic of ChinaWhoever commits the following infringements shall be situation, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publish the content without the permission of the copyright owner of the work;
(2) Publish the work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Signing other people's works for the purpose of seeking personal fame and fortune without participating in the creation;
( 4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Using the work by displaying or filming audio-visual works, or using the work by adapting, translating, annotating, etc., without the permission of the copyright owner, unless otherwise provided for in this law;
(7) Use of other people's works for which remuneration should be paid but has not been paid;
(8) Unauthorized use of audio-visual works, computer The copyright owner, performer or producer of audio and video products of software or audio and video products may rent the original or copy of his or her work or audio and video products, except as otherwise provided for in this law;
(9) Using the layout design of books and journals published by the publisher without the permission of the publisher;
(10) Without the permission of the publisher; The performer's permission to broadcast or publicly transmit his or her live performance, or to record his or her performanceActed;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. How to protect copyright infringement
1. Through mediation.
Copyright infringement disputes can be peacefully mediated by both parties. If the two parties later fail to mediate or one party regrets after reaching an agreement after mediation, it can file a lawsuit in the People's Court. If the parties are unwilling to mediate, they can also file a lawsuit directly with the People's Court. There is no restriction.
2. Through arbitration.
Copyright contract disputes can be mediated, or you can apply for arbitration to a copyright arbitration institution based on the arbitration clause in the contract or a written arbitration agreement reached afterwards. If an arbitration award is reached later, the parties shall perform the arbitration in accordance with the arbitration award. If one party fails to perform the arbitration award, the other party may also apply to the People's Court for enforcement.
3. File a lawsuit directly with the People's Court.
When filing a lawsuit in the People's Court, you need to pay attention to the statute of limitations and file the lawsuit within the statute of limitations. The statute of limitations for copyright infringement is three years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than 3 years ago, and if the infringement continues when the lawsuit is filed, the People's Court will judge the defendant to stop the infringement during the copyright protection period, and the amount of infringement damages will be calculated from the date the right holder files a lawsuit with the People's Court. Calculate forward 3 years from now on.
According to the provisions of the Civil Code, the constituent elements of copyright infringement are as follows: the infringement is illegal; the behavior carried out by the infringer objectively brings harm to the injured party Injury occurs; there is a causal relationship between the tort and the damage; the tortfeasor is subjectively at fault. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.