1. What are the specific copyright disputes
1. What are the specific copyright disputes? These include: disputes regarding the ownership, infringement and breach of contract of copyright and its ancillary rights; disputes regarding requests to stop copyright infringement and application for pre-litigation property preservation; and other copyright disputes.
2. Legal basis: Article 1 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes"
The People's Court accepts the following copyright civil dispute cases:
(1) Ownership, infringement and contract of copyright and copyright-related rights and interests Dispute cases;
(2) Cases of applying to stop infringement of copyright and copyright-related rights and interests before litigation, and applying for pre-litigation property preservation and pre-litigation evidence preservation;
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(3) Other copyright and copyright-related rights dispute cases.
2. What are the criteria 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. Infringement of the copyright of others and causing property or non-property losses are all copyright infringements.
3. Conditions required for copyright infringement
(1) There are facts of infringement That is, the perpetrator uses the copyright owner's works, performances, audio and video without the copyright owner's permission and without complying with the conditions of use stipulated in the copyright law.products and radio and television programs.
(2) The act 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 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 is manifested in the illegal use of other people's works.
(4) Diversity of forms of infringement.
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