What constitutes infringement under the Copyright Infringement Law
1. There is a fact of infringement, that is, the perpetrator has not obtained the copyright Without the permission of the copyright owner, use the copyright owner's works, performances, audio-visual products, and radio and television programs without authorization without complying with the conditions of use stipulated in the copyright law. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.
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 intentional and negligent forms. . The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.
The main legal characteristics of copyright infringement are:
1. Multiple objects of infringement
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Copyright has the characteristics of multiplicity and divisibility of rights, including copyright property rights and personal rights. Among them, copyright property rights include more than ten rights such as reproduction and performance. The above rights can be exercised independently orCan be used in combination. Correspondingly, the targets of copyright infringement will also show these characteristics: first, property rights and personal rights are infringed at the same time; second, multiple property rights and personal rights are infringed at the same time. In addition, the objects of copyright infringement also include contractual claims, such as publishing books for which others have exclusive publishing rights.
2. The specificity of the infringed subject
The subject infringed by the infringement act is: The copyright holders of works who enjoy copyright according to law include authors and other copyright holders. Other copyright holders include those who have obtained copyright through inheritance, acceptance of bequests, and trust relationships, that is, transferees of the right to use the work, such as those who enjoy exclusive copyrights. These are specific subjects that are directly or indirectly related to copyright.
3. Infringement is manifested in the illegality of using other people’s works
First, the use of other people’s works without authorization With the permission of the right holder; secondly, there is no legal basis for using other people's works, including using other people's works not in accordance with the conditions of use of copyright regulations.
4. Diversity of forms of infringement
General civil torts are infringements committed by one person alone There are two forms of joint torts: acts and joint torts committed by two or more people due to common fault. In copyright infringement, in addition to these two forms, there is also a third state, that is, infringement by several actors on the same right holder.
