What does the copyright infringement compensation summary include
The first copyright infringement includes:
(1) Publishing the work without the permission of the copyright owner;
(2) Works created in collaboration with others without the permission of the co-author Published as a work created by oneself alone;
( 3) Those who did not participate in the creation and signed other people’s works in order to seek personal fame and fortune;
(4) Distorting or tampering with other people’s works;
(5) Performing, broadcasting, exhibiting, distributing, filming, television, or recording without the permission of the copyright owner
Image or use works by adapting, translating, annotating, editing, etc., except as otherwise provided for in this law;
(6) Using other people’s works without paying remuneration in accordance with regulations of;
(7) Without the permission of the performer, Live broadcast of his or her performance;
(8) Others Infringement of copyright and copyright-related rights and interests.
(9) Plagiarism or plagiarism of other people’s works;
( 10) Copying and distributing the works for profit without the permission of the copyright owner;
(11) Publishing books for which others have exclusive publishing rights;
(12) Making audio and video recordings of performances without the permission of the performers;
(13) Copying and distributing audio and video recordings without the permission of the audio and video producers;
(14) Copying and distributing radio and television programs produced by radio stations and television stations without their permission;
(15) Producing and selling works of art that counterfeit the signatures of others.
Determination of second copyright infringement
Due to the rich and complex content of copyright and neighboring rights, infringement of copyright and neighboring rights Identification also presents a complicated situation. The basic essentials of identification are still:
First grasp the type and scope of the rights enjoyed by the copyright holder or neighboring right holder;
Secondly, master the expression form and characteristics of its works as a carrier of rights;
Palm againGrasp the expression form and characteristics of the alleged infringer’s work;
Fourth: Compare two works to see if they are identical or similar;
The fifth is to know whether the alleged infringer has or may have had contact with the works of the right holder who made the complaint. In practice, it is sometimes found out whether the authors of two comparative works have or have had contact with the works or whether Possibility can also be helpful in determining infringement.
Identification of third-party plagiarism
The key issue involved in this case is whether the plagiarism alleged by the plaintiff in the first instance can be determined The problem. Plagiarism is an infringement of taking someone else's work as your own. The identification of plagiarism is not based on the use of the copied work, nor is it based on whether it is exactly the same. The only condition for establishing plagiarism is that the specific expression form of the content of the work is the same. Therefore, if there are obvious differences in the specific expression forms of two works, it should generally not be considered that there is a problem of plagiarism. There may be problems of reference, citation, and integration in creation, and these are creatively allowed and objective Required. The essential element of plagiarism is whether the work is the author's own original creation, rather than copying someone else's work. Since two works are exactly the same, as long as they are created independently, they do not constitute plagiarism from each other. Only when the works are identical and can be proven not to be independently created by the author (and there is a contact relationship between the authors) can plagiarism be constituted.
The fourth basic principle of compensation for copyright infringement
span>A plaintiff submitted corresponding infringement evidence.
2. Determine the defendant's fault. 1. The obligee gave a well-reasoned warning. 2. Failure to fulfill the duty of trial; 3. Failure to fulfill the duty of care; 4. Infringement during the performance of the contract or after termination. 5. Others.
Three no-fault returns of profits, appropriate compensation may be awarded as appropriate
Those who knowingly provide places or help shall bear joint and several liability
Five licensors and franchisors knew or should have known that The licensor shall be jointly and severally liable for infringement if it commits an infringement without stopping it
The sixth purpose of compensation is to comprehensively and fully compensate for the losses of the infringed party. If the defendant's infringement income is higher than the actual loss, compensation shall be based on the infringement income. The actual amount of loss is: 1. Loss of profit, 2. Refer to the national author remuneration regulations, 3. Reasonable The license fee is 4. The number of defendant’s copies multiplied by the plaintiff’s profit product per unit. 5. The reduced number of copies of the plaintiff multiplied by the profit product per unit. 6. The foreseeable profit loss caused by the infringement leading to the inability to perform the plaintiff’s contract. 7. Loss from the decrease in the value of the work.
Profit income of seven infringers:
Profit from product sales: Infringement circumstances and serious consequences.
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