1. Principles of Copyright Law Protection
(1) Protection of the rights and interests of authors Principle
The author's creation is the source of the cultural progress of the entire society. Therefore, the law should strengthen the protection of copyright rights and interests and encourage the enthusiasm of authors to create.
(2) Encourage the dissemination of works
The country’s formulation of copyright laws is not just for protection The rights and interests of the author also lie in encouraging the widespread dissemination of works and prospering the cultural life of society. Therefore, Chapter 4 of my country’s Copyright Law clarifies the protection of the rights of authors and communicators, which is a reflection of encouraging the widespread dissemination of excellent works.
(3) The principle of coordination between the author’s interests and the public interest
The essence of the author’s interests It is a private interest, and the widespread dissemination of works reflects the needs of the public interest. In order to prevent authors from abusing the rights and interests conferred by the copyright law and making it difficult to realize public interests, the copyright law also regulates the rights of authors. Restrictions, such as fair use regulations, statutory permissions, etc.
(4) The principle of keeping consistent with the development trend of the international copyright system
With the development of communication technology With the development of the world and the development of international copyright trade, many works have been spread to other countries through various media, and the protection of copyright is strictly regional. In order to solve the contradiction between the international requirements for the spread of works and the regional nature of copyright protection, Relevant international copyright protection conventions have been formed internationally. my country joined the Berne Convention and the Universal Copyright Convention in 1992.
What are the legal responsibilities for copyright protection?
(1) Civil liability:1. Stop the infringement;
2. Eliminate the impact and publicly apologize;
3. Compensate for losses. The copyright law does not explicitly stipulate the amount of compensation, but in judicial practice, it can be handled as appropriate with reference to the following factors: (1) whether the consequences of the loss suffered by the victim are serious; (2) the extent to which the value of the work has been reduced by the infringement; (3) the extent of the infringement for profit making or other improper purposes; (4) the subjective fault status of the infringer; (5) the severity of the infringement; (6) the amount of profit made by the infringer; (7) the social impact of the infringement; (8) the economic status of both parties Status;
(2) Administrative responsibility:
(1) Warning; (2) Order to stop making and distributing infringing copies; (3) confiscate illegal gains; (4) confiscate infringing copies and production equipment; (5) fine;
( 3) Criminal liability:
1. Crime of copyright infringement. Article 217 of the Criminal Law: Anyone who commits one of the following copyright infringement situations for the purpose of profit, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; the amount of illegal gains is huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Reproduction and distribution without the permission of the copyright owner His or her written works, music, movies, television, video works, computer software and other works;
(2) Publishing books for which others have exclusive publishing rights ;
(3) Copying and distributing the audio and video produced without the permission of the audio and video producer;
(4) Producing and selling works of art that counterfeit the signature of others.
2. The crime of selling infringing copies. Article 218 of the Criminal Law: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
3. If a unit commits the criminal acts of Articles 217 and 218, the unit shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this article.
4. Seized infringing copies, illegal gains, and materials, tools, equipment or other property owned by the unit or the individual that are mainly used for copyright infringement crimes , shall be confiscated.
5. Those who commit the above-mentioned crimes and cause losses to the infringed party shall, in addition to being held criminally responsible, be ordered to compensate for the losses according to the circumstances.
Through the explanation of the above article, we know about the protection of copyright law. Today, with the rapid development of economy and science and technology, copyright has become more and more important. , protecting copyright is the requirement of this era. I hope the above content can solve your problem. If you still have unclear questions, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.