What is the judgment of copyright infringement
1. Analysis of the plaintiff’s works
According to the provisions of our country's laws, the creation of copyright adopts the principle of automatic protection, that is, once the creation of the work is completed, the copyright is generated. Therefore, unlike the determination of other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the issue of the validity of rights. A work with valid copyright must meet the following conditions: it belongs to the scope of works protected by copyright law; it is original; and it can be copied in some tangible form. As long as any of the conditions are not met, the plaintiff's works are not protected by copyright law. Thus, the defendant certainly did not infringe the rights. If the plaintiff's work meets both of the above conditions, the work is protected by copyright law.
2. Analysis of the allegedly infringing works and the defendant’s use
Analysis of the allegedly infringing works The following two standards can be applied to the analysis: first, "contact", that is, the opportunity to come into contact with the previous work; second, "substantial similarity", that is, the substantive similarity of the parts that should be protected by copyright. Among them, the latter is the focus of identification. When determining whether the plaintiff's and defendant's works are "substantially similar", the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work to determine whether the two are substantially similar.
For "copying", the most common way of using works, according to the provisions of Article 52, Paragraph 2, of my country's Copyright Law, engineering design, product The use of design drawings and their descriptions for construction and production of industrial products does not constitute "copying" within the meaning of the Copyright Law. It can be seen that in our country, reproducing a two-dimensional work in a three-dimensional form does not constitute infringement of the two-dimensional work.
Of course, the law also provides for fair use of works. Under these circumstances, using the work without the permission of the copyright owner is not considered an infringement of copyright. . Copyright disputes mainly include three forms: copyright infringement disputes, copyright contract disputes and copyright administrative disputes.
Copyright infringement disputes can be mediated. If mediation fails, an agreement can be reached through mediation.If the latter party regrets, it may file a lawsuit in the People's Court. If the parties are unwilling to mediate, they may also file a lawsuit directly in the People's Court.
Copyright contract disputes can be mediated, or you can apply for arbitration to a copyright arbitration institution based on the arbitration clause in the contract or a written arbitration agreement reached afterwards. If an arbitration clause is entered into and there is no written arbitration agreement afterwards, you may directly file a lawsuit in the People's Court.