How to identify joint infringement
Joint infringement is a type of infringement committed by two or more The behavior of the above actors causing harm to others based on their common fault occupies a certain proportion in copyright infringement. Here, we will mainly analyze the identification of joint infringement between two specific types of subjects.
The first category is joint infringement between the Author and the publisher.
This refers to the author’s unauthorized use of other people’s works Together with the publishing behavior of the publisher, the copyright owner's copyright is infringed. When identifying this type of joint infringement, the issue that needs to be resolved is: if the book publishing contract between the author and the publisher contains a rights guarantee clause, and the publication of the book causes damage to the rights of other authors or publishers, then this situation is joint An agreement between infringers to share infringement liability.
The second category is joint infringement by authors of collaborative works .
Under copyright lawAccording to the regulations, in our country, cooperative works include two types: indivisible use and divisible use. The former is a work in which the creations of two or more authors are integrated into one, and the creative results of each author cannot be separated. If such a work is an infringing work, its co-authors constitute joint infringement. The latter means that the creative achievements of each creator can exist independently, and the authors can enjoy separate copyrights for their respective creations. When such works are accused of infringement, a detailed analysis should be conducted. If the collaborative work is infringed as a whole (such as the name of the work), then the co-authors constitute joint infringement; if the infringement is in the divisible parts of the work, then, according to the principles of tort law, the actor is generally only responsible for his own behavior and not for the infringement of others. Therefore, each author is only responsible for infringement liability for the part he created.
The above is what the editor of Legal Savior Network will explain to you If you encounter a more complicated situation, you are welcome to seek legal consultation on this website. We have professional lawyers to provide you with one-on-one consultation services.