Ask for a case study and analysis of copyright infringement

Categories: Social Livelihood >> Law.

Problem description: A sends a self-made New Year's message to everyone in the class in his personal mailbox. Student B thought that the speech was very meaningful and put it on the BBS. A argues that B has infringed on his right of publication, right of reproduction and right of information network dissemination.

B believes that marrying each classmate and sending a letter to the mailbox has completed the act of publication, and that it is a fair use for personal appreciation under the Copyright Act. Is A's claim valid? Is B's behavior fair use and why?

Analysis: A's claim is valid. A's sending a speech to the mailbox of everyone in the class is not a public act, and the mailbox is not a vehicle for publication, so it cannot be regarded as an announcement.

B's actions are not fair use. According to Article 20 of the Copyright Law, the use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration to the copyright owner, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

1) Using published works of others for personal study, research or appreciation;

Legal Analysis: Jia Zhigang v. Foshan People's Broadcasting Station, a copyright infringement dispute appeal.

Jia Zhigang is the copyright owner of the book "Jia Zhigang Says Spring and Autumn", claiming that Foshan Radio used a large amount of the content of "Jia Zhigang Says Spring and Autumn" in the program "Listen to the Spring and Autumn of the World" on two channels** without his permission, which did not comply with the provisions of the statutory permission of the broadcasting organization and constituted an infringement of his copyright. According to Foshan Radio, the law does not explicitly require radio stations to indicate the author and the title of the work when broadcasting the published works of others. Even taking into account the requirement to identify the authorship, Foshan Radio repeatedly mentioned the book "Jia Zhigang Says Spring and Autumn" and the author in the broadcast audio and on third parties**, with the intention of indicating the author and the title of the work.

Therefore, Foshan Radio's behavior is a legally permitted act and does not infringe Jia Zhigang's copyright. The court of first instance held that Foshan Radio's conduct did not comply with the provisions of Article 43, Paragraph 2 of the Copyright Law on the statutory permission of others' works. Foshan Radio Station was dissatisfied with the first-instance judgment and appealed.

As a result, the Beijing Intellectual Property Court held that Foshan Radio's "Listen to the Spring and Autumn of the World" program did not comply with the provisions of the radio station's statutory license and constituted an infringement of Jia Zhigang's copyright. The appeal of Foshan Radio was dismissed and the original judgment was upheld.

Legal basis: Article 1 of the Copyright Law of the People's Republic of China This Law is enacted in accordance with the Constitution in order to protect the copyrights of authors of literary, artistic and scientific works, as well as copyright-related rights and interests, to encourage the creation and dissemination of works that are beneficial to the construction of socialist spiritual and material civilization, and to promote the development and prosperity of socialist cultural and scientific undertakings.

1. Li's statement is unlawful. According to Article 2 of the Copyright Law: "Chinese citizens, legal persons or other organizations.

Specialized works, regardless of whether they are.

Whether it is published or not shall be subject to copyright in accordance with this Law. Therefore, Li's defense is not established. 2. Mr. Li infringed Mr. Zhang's copyright.

It is applicable to the infringement situation of "plagiarizing other people's works" in Article 46, Paragraph 1, Item 5 of the Copyright Law (Li copied his work in its original form and used it for commercial activities without Zhang's permission). 3. Mr. Li's exclusive right to use the trademark is valid from February 10, 2002 to February 9, 2012, and he enjoys the exclusive right to use the trademark (Mr. Li won the lawsuit); The trademark was revoked, the application record was not kept, and the exclusive right to use the trademark was not enjoyed (Mr. Li lost the lawsuit, and the trademark was revoked by the TRAB).

Very powerful answer, the fact is that without the permission of others, used in commercial activities, it is infringement, and it was just to lend you at the beginning, you actually plagiarized other people's works to complete the trademark, if Li Sheng will have 10 years, if he loses, the trademark will be revoked, and the patent right will end!

Non-Infringement.

1.The original ownership of paintings, calligraphy, sculptures and other works of art is transferred.

The so-called copyright infringement, in this case, Qian's right to authorship and ownership of the painting have been separated, and the ownership has been in the hands of Zhang. Zhang can put this New Year's painting at home to see, or exhibit, sell, or even smash, smash, burn, he has the right to do this, but he just can't say:"I painted this picture!

It's obviously a painting painted by Qian, so Zhang can't say that he painted it! Therefore, Zhang did not infringe on Qian's copyright.

Generally, there are three types: mediation, arbitration, and litigation.

1. Mediation: Doing it is the most priority way to deal with the case, and through the mediation of a third party, it can be decided whether to reach an agreement according to the content of the communication.

2. Arbitration: If the copyright dispute is based on the terms of the contract, when the mediation is unsuccessful, it can be resolved by arbitration according to the terms of the contract.

3. Litigation: This is the most commonly used method to resolve disputes, and if mediation is unsuccessful and the arbitral award is not performed, it can be resolved through litigation.

Legal basis: Copyright Law of the People's Republic of China Article 12 The copyright of a work produced by adapting, translating, annotating or arranging an existing work shall be enjoyed by the person who adapted, translated, annotated or arranged, but when exercising the copyright, it shall not infringe the copyright of the original work.