What is the procedure for determining copyright infringement
According to the characteristics of copyright protection, the identification of copyright infringement can be divided into The following steps:
1. Regarding the plaintiff’s works Analysis
Our country and most countries in the world have 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: a. Be within the scope of works protected by copyright law; b. Be original; c. Be able to 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. In this way, the infringement determination can proceed to the next procedure.
2. Analysis of the allegedly infringing works and the defendant’s use
The following two standards can be applied to the analysis of the allegedly infringing work: one is "access", that is, the opportunity to come into contact with the previous work; the other is "substantial similarity", that is, it should be affected by The copyright protection part is substantially similar. Among them, the latter is the key point of determination. When determining whether the plaintiff's and defendant's works are "substantially similar", we can learn from the "three-step analysis method" mentioned above, that is, the plaintiff's works are protected by copyright Compare the parts (excluding "ideas" and "expressions of ideas" that are already in the public domain) with the corresponding parts of the defendant's work to determine whether the two are substantially similar.
I believe that after reading the above introduction, you will have some legal knowledge on how to solve the responsibilities that need to be paid attention to. Understand, if you still have legal questions in this area, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
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