What are the objective behavioral manifestations of copyright infringement
1. Reproduction and distribution of written works without the permission of the copyright owner , music, movies, television, video works, computer software and other works.
Without the permission of the copyright owner means without the consent of the copyright owner. The copyright holder generally refers to the author, but may also be other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law. According to the provisions of the Copyright Law, for works hosted by a legal person or an unincorporated unit, created on behalf of the will of a legal person or an unincorporated unit, and for which the legal person or unincorporated unit assumes responsibility, the legal person or unincorporated unit shall be regarded as the author and shall enjoy copyright; derivative works The copyright is enjoyed by the performer, and the copyright of the collaborative work is jointly enjoyed by the co-authors. If the work can be used alone or divided, the author can enjoy the copyright alone; directors, screenwriters, lyrics, composers, photographers, etc. of film, television, and video works The author enjoys the right of signature, and other copyright rights are enjoyed by the producer. If the script, music, etc. can be used alone, the author has the right to exercise his copyright alone. Any use of their works without the consent of the above persons is an act without the permission of the copyright owner.
According to the "Copyright Law", copying refers to making a copy of a work by printing, copying, copying, rubbing, recording, videotaping, ripping, or photographing. or multiple copies; distribution refers to providing a certain number of copies of a work to the public through sale, rental, etc., in order to meet the public’s reasonable needs. According to the provisions of this article, copying and distribution are closely linked as a whole. They must be present at the same time to constitute a crime of copyright infringement. If only one of them is present, it does not meet the characteristics of a crime of copyright infringement. Of course, if different actors conspire in advance to carry out copying and distribution respectively, it is a joint crime and can still constitute the crime of copyright infringement.
2. The act of publishing books for which others have exclusive publishing rights. Publishing refers to the act of editing and processing a work and then copying it and releasing it to the public.
Publishing is actually a special kind of copy distribution. When a publisher publishes a book, he or she generally needs to obtain the exclusive right to publish the work with authorization from the copyright owner.. Exclusive publishing rights refer to the publisher’s exclusive right to produce and distribute the works delivered by the copyright owner into books in the form of original and revised versions at the time and place specified in the contract. It is an important right related to copyright, which is also exclusive and cannot be exercised by others, otherwise it will constitute infringement.
3. Copying and distributing audio and video recordings without the permission of the audio and video producers is an infringement of the neighboring rights of the audio and video producers.
Audio and video producers are people who produce audio and video products. Since they not only invested a certain amount of manpower, material and financial resources, but also put in considerable original work, The audio-visual products they produce also have the right to permit others to copy and distribute them and receive compensation according to law. If others copy and distribute their audio-visual products without permission, it is of course an infringement of their rights.
4. The act of producing and selling works of art that counterfeit the signature of others is an act of illegally making profits in the name of others.
Not only does it infringe on the personal rights of others (mainly the right of signature), but it will also inevitably affect the sales of other people's art works, thus indirectly infringing on the property rights of others. At the same time, this kind of behavior also deceives the public and has considerable harm to the order of China's cultural market, so it should be punished.
The author or owner of the work owns the copyright and is protected by law. Therefore, others cannot easily deprive you of your rights or interests, otherwise you may violate the law. There are many types of copyright infringement, and you must learn to distinguish between them. If you want to know more about other related issues, you are welcome to go to the Legal Savior Network for legal consultation.
