1. Will excerpting a passage from a public account cause infringement?
Public account Whether excerpting a paragraph will cause infringement depends on the specific circumstances.
First of all, usually the articles disseminated belong to other people's works and are other people's original intellectual achievements. Others have the copyright to their works, including copyright. personal rights, including property rights.
Secondly, it depends on whether the author has authorized these public accounts. When public accounts reprint articles, they should usually obtain the author's permission and pay a certain amount of remuneration. Copying and using other people's works without permission from the copyright owner may constitute infringement.
Finally, in the case of unauthorized use, it depends on whether there is fair use. Article 22 of the Copyright Law stipulates various situations of fair use. When these situations exist, the perpetrator does not commit infringement. However, returning to the problem, the use of public accounts is usually for commercial use, and there is rarely a case of fair use.
To sum up, if there is neither authorization nor fair use, The public account will infringe other people's copyright rights such as signature rights and information network dissemination rights. possible.
2. How to deal with someone else’s infringement of your copyright
When someone else infringes on your copyright, you must first negotiate with the infringer. If you can reconcile after the behavior occurs, neither party will be substantially harmed. and reputational harm. If negotiation fails, you can mediate or file a lawsuit directly with the court.
According to the provisions of Article 49 of the Copyright Law: If a copyright or copyright-related rights are infringed, the infringer shall pay damages based on the actual loss of the right holder.Compensation; if the actual loss is difficult to calculate, compensation may be provided based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.
The above is the answer given by the editor of Legal Savior Network on "Will excerpting a paragraph from a public account cause infringement?" We can understand that excerpting a paragraph from a public account Whether there will be infringement depends on the specific circumstances. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.
