1. Which copyright infringements are subject to civil liability
1. Publishing his or her work without the permission of the copyright owner;
2. Treating a work created in collaboration with others as a work created solely by oneself without the permission of the co-author Published;
3. Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works;
4. Distorting or tampering with other people’s works;
5. Plagiarizing other people’s works;
6. Without the permission of the copyright owner, use the work for exhibitions, making movies, or using methods similar to making movies, or using the works by adapting, translating, annotating, etc., unless otherwise provided by law;
7. For using other people’s works, remuneration should be paid but has not been paid;
8. The copyright owners of film works, works created using methods similar to filmmaking, computer software, and audio and video recordings, or copyright-related rights holders may rent out their works or audio and video recordings with permission, unless otherwise provided for in this law;
9. Using the layout design of books and journals published by the publisher without the permission of the publisher;
10. Broadcast or publicly transmit live performances, or record performances without the permission of the performers;
11. Other copyright infringements and related Acts concerning copyright-related rights and interests.
12. Legal basis: "Copyright Law of the People's Republic of China"
Article 52 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publish the work without the permission of the copyright owner;
(2) Publish the work without the permission of the co-author; Works created in collaboration with others are published as works created by oneself alone;
(3) Without participating in the creation, for the purpose of seeking personal fame and gain, signing other people's works ;
(4) Distorting or tampering with other people's works;
(5) Plagiarism Works of others;
(6) Using the work by displaying or filming audio-visual works, or by adapting, translating, annotating, etc. without the permission of the copyright owner Use of works, except as otherwise provided for in this Law;
(7) Remuneration should be paid for the use of other people's works but has not been paid;
(8) Leasing originals or copies of audio-visual works, computer software, or audio and video products without the permission of the copyright holder, performer, or audio and video producer; , except as otherwise provided for in this Law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
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(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. What are the remedies for copyright disputes
1. Mediation. Both parties may invite the copyright administration agency or copyright agency or other third party to act as a mediator to reach an agreement through negotiation and resolve the dispute in accordance with the principle of voluntariness.
2. Administrative complaint. If the infringement also harms the public interests, the infringer, in addition to bearing corresponding civil liability, may also be ordered by the copyright administrative department to stop the infringement, confiscate the illegal gains, and confiscate and destroy the infringing copies. If the circumstances are serious, materials, tools, equipment, etc. mainly used to make infringing copies may also be confiscated.
3. Civil litigation . If the copyright of an author or rights holder is infringed, he or she may file a lawsuit with the People's Court in accordance with the law. According to the provisions of the Civil Code, the rights holder shall file a lawsuit with the People's Court within two years from the date when he knows or should know that his rights have been infringed.
4. Arbitration. Apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.
There are many copyright infringements, such as the familiar plagiarism, publishing works without the author's consent, using other people's works without paying compensation, distorting or tampering with other people's works, etc. I hope the above content will be helpful to you. , if you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
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