1. What are the requirements for copyright infringement
1. There must be the fact 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 (or neighboring rights owner) and in accordance with the conditions of use stipulated in the copyright law.
2. The behavior is illegal. Copyright infringement should be a violation of the law. Copyright is an absolute right, and everyone has the obligation not to infringe upon this right. Others must abide by the relevant provisions of copyright law and other laws when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal.
3. The perpetrator is subjectively at fault. The vast majority of infringements of copyright and related rights are due to intentionality; there are also a few that can be caused by intentionality or negligence.
2. Statute of limitations for copyright infringement
1. The statute of limitations for copyright infringement is three years.
2. Article 27 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes" stipulates that the statute of limitations for copyright infringement is three years years, calculated from the date when the copyright owner knew or should have known that the rights had been damaged and the obligor.
3. If the right holder files a lawsuit more than three years ago, if the infringement is still continuing at the time of filing the lawsuit, the People's Court shall order the defendant to cease and desist during the copyright protection period. Infringement; the amount of infringement damages shall be calculated three years forward from the date when the right holder files a lawsuit in the People's Court.
The requirements for copyright infringement are as above. When judging whether your copyright has been infringed, you can correspond one by one. If it is really the case, This can be pursued through legal channels. rightWhen you are unable to resolve the requirements for copyright infringement and copyright infringement, you should seek help from a professional Legal Savior Network lawyer.
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