Copyright Infringement Issue 20, Copyright Infringement Issue

If you need to sue at the place where the incident occurred, our company is in Beijing.

Acts of copyright infringement shall be acts that are clearly provided for by law, and acts that are not provided for by law or that are not clearly provided for cannot be found to be acts of copyright infringement. Article 47 of the Copyright Law stipulates the following acts of copyright infringement: 1. Publishing a work without the permission of the copyright owner.

2. Without the permission of the co-author, the work created in collaboration with others is published as a work created by oneself alone. 3. Those who did not participate in the creation and signed the works and lines of others in order to seek personal fame and fortune. 4. Distorting or tampering with other people's works.

5. Plagiarizing other people's works. 6. Except as otherwise provided in this Law, where works are used without the permission of the copyright owner by means of exhibition, filming, or filming, or by methods similar to filming, or by methods such as adaptation, translation, or annotation. 7. Failure to pay remuneration for the use of other people's works.

8. Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recordings, or the rights holder related to copyright. 9. Without the permission of the publisher, try out the layout design of the books and periodicals published by the publisher. 10. Without the permission of the performers, live broadcasts or public transmissions of their live performances, or recording their performances.

11. Anyone who reproduces, distributes, performs, screens, broadcasts, compiles, or disseminates his works to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this Law. 12. Publishing books that others have the right to publish. 13. Except as otherwise provided in this Law, where audio or video recordings of their performances are reproduced or distributed without the permission of performers, or their performances are disseminated to the public through information networks.

14. Except as otherwise provided in this Law, where audio or video recordings produced by them are reproduced, distributed, or disseminated to the public through information networks without the permission of the producers of audio or video recordings. 15. Except as otherwise provided in this Law, radio or television is reproduced without permission. 16. Except as otherwise provided by laws and administrative regulations, without the permission of the copyright owner or the copyright-related rights holder, intentionally circumvents or undermines the technical measures taken by the right holder to protect copyright or copyright-related rights for its works, audio or video recordings, etc.

17. Except as otherwise provided by laws and regulations, where electronic information on rights management is intentionally deleted or altered without the permission of the copyright owner or copyright-related rights holders. 18. Making or counterfeiting works signed by others. 19. Other acts of infringing on copyright and copyright-related rights and interests.

1. Through mediation.

Copyright infringement can be resolved through peaceful mediation between the two parties, and if the two parties fail to mediate later or if one party repents after reaching an agreement through mediation, it can file a lawsuit with the people's court. If the parties are unwilling to mediate, they can also file a lawsuit directly with the people's court, which is not restricted.

2. Through arbitration.

Copyright contract disputes may be mediated, or they may apply to a copyright arbitration institution for arbitration in accordance with the arbitration clause in the contract or a written arbitration agreement reached afterwards. If an arbitral award is subsequently reached, the parties shall perform in accordance with the arbitration. If one of the parties fails to perform the arbitral award, the other party may also apply to the people's court for enforcement.

If the people's court to which the application is made finds that the arbitral award is unlawful, it will have the right not to enforce it. If the people's court refuses to enforce it, it will be ignored, and the parties may file a lawsuit with the people's court for a copyright contract dispute. If the parties do not enter into an arbitration clause in the contract and do not have a written arbitration agreement afterwards, they may also file a lawsuit directly with the people's court.

3. Directly file a lawsuit with the people's court.

When filing a lawsuit with the people's court, it is necessary to pay attention to the number of groups in the statute of limitations, and to file a lawsuit within the statute of limitations. The statute of limitations for copyright infringement is two years, calculated from the date on which the copyright owner knew or should have known of the infringement. If the right holder sues for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court will order the defendant to stop the infringement during the copyright protection period, and the amount of damages for infringement will be calculated two years forward from the date on which the right holder files a lawsuit with the people's court.

1. How to deal with a financial lease contract dispute after it occurs.

Legal disputes over financial lease contracts can be resolved through negotiation, mediation, arbitration or litigation.

In the event of a dispute, the parties may resolve it through negotiation or mediation. If the parties are unwilling to settle the matter through negotiation or mediation, or if the negotiation or mediation fails, they may apply to the arbitration machine for arbitration in accordance with the arbitration clause in the contract or the written arbitration agreement reached afterwards. If the parties do not conclude an arbitration clause in the contract and do not reach a written arbitration agreement afterwards, they may file a lawsuit with the people's court.

In the case of an arbitral award, the arbitration institution shall prepare the arbitral award. The parties shall perform the arbitral award of the arbitration institution. If one of the parties fails to perform the arbitral award of the arbitration institution within the prescribed time limit, the other party may apply to the people's court for compulsory enforcement.

The parties can fully reach a settlement in accordance with the provisions of precedents and relevant laws, such as Macro Oak; 2. Mediation. Whether it is a copyright infringement dispute or a copyright contract dispute, the residue can be resolved through mediation; 3. Arbitration. Arbitration is a legal act in which an arbitration institution resolves copyright disputes in accordance with the law in accordance with the arbitration clause; 4. Litigation.

[Legal basis].Civil Code of the People's Republic of China Article 120: A complaint shall be submitted to the people's court for prosecution, and a copy shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

The criterion for judging copyright infringement is contact + substantial similarity.

The so-called contact means that you have known that there is someone else's work, and then you use someone else's work to be substantially similar to someone else's work, which is infringement.

If you can prove that you have not been exposed to it, it is a completely independent work, whether it is similar or not, and to what extent, it is protected by copyright law. This is the principle.

In fact, it's hard to prove that you're doing it completely independently.

The reason is, first, from the perspective of the rules of evidence, it is easy to prove what you have done, but it is difficult to prove that you have not done anything, and it is difficult for you to say that you have not been exposed to this TV series or **; Second, people always stand on the shoulders of their predecessors, and rarely have a thought that is completely imagined by themselves, and they generally always get inspiration from the things they have come into contact with or the books they have read, and many things are imperceptibly influencing a person's thoughts.

Then start with substantial similarities.

Copyright law protects expression, not ideas.

That is to say, if the two ** have a certain similarity in the plot, it is not necessarily considered to be infringement.

It depends on how similar it is.

For example, Korean dramas always start with two families having grievances since childhood, and then the second female intervenes, and then the male protagonist is critically ill and has amnesia, and at the end he. This is the general plot of the TV series, the so-called routine, that is, the creative ideas you are talking about, belong to the category of ideas, and the copyright law does not protect them.

Copyright law protects specific expressions, but it does not mean that every word must be the same, but if it involves a very specific similar circumstance, it is a copyright infringement. For example, Guo Jingming's How Much Do You Know About the Flowers in Your Dreams, and Zhuang Yu's "Inside and Outside the Circle" are typical examples of a small number of cases of determining circumstantial infringement. There are obvious similarities between these two works in very specific plots.,For example, the male protagonist publishes a book for his current girlfriend.,Find your ex-girlfriend, that is, the female owner.,But the female owner refuses for other reasons.,So she was hated by her current girlfriend.,There's also a gap between the male and female protagonists.。

Of course, the descriptions in the book are similar in more detail, but this is a relatively detailed plot, including the character settings, which is very similar, which is an infringement.

Like you said that your ** is not similar to the character settings in the TV series, then I think it should be a certain similarity in the general plot, and the specific expression is not similar.

Of course, the boundary between specific expression and thought is a difficult problem in copyright law, and it is difficult to have an objective standard.

In addition, there is the possibility that the expression is already in the public domain, which can also be used as a defence of non-infringement. The so-called public domain means that the work has passed the term of protection and is no longer protected.

Although the series you found in the late 90s certainly did not have the expiration date, if you can find older works with similar plots, then you can say that you are borrowing from this unprotected work and are not infringing.

Individuals believe that it is not an infringement;

Rationale: [Excerpt from page 86 of Intellectual Property Law (Second Edition) edited by Zhang Yumin.] Law Press].

According to the theory of originality in the Copyright Law, even if it is similar to or even identical to an existing work, if it has not been contacted in advance, it can be recognized as a work with originality and non-plagiarism, and a coincidental work is also protected under the Copyright Law.

Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Copyright (the Judicial Interpretation of the Copyright Law) stipulates that "if a work created by different authors on the same subject matter is independently completed and has originality, it shall be deemed that each of them enjoys independent copyright".

1.Barthes's actions violated the author's right of authorship and translation.

2) the right of authorship, that is, the right to indicate the identity of the author and sign the work;

15) the right of translation, i.e. the right to convert a work from one language to another;

2。You say that the grassland publishing house "signs and pays the author and translator and pays them", if it has already paid the author and translator respectively, why is it arbitrary?

3。Baiyun Bookstore is not responsible.

1. The fact of infringement. That is, without the permission of the copyright owner, the actor does not follow the conditions of use stipulated in the Copyright Law to use the copyright owner's works, as well as performances, audio-visual products, and radio and television programs.

3. The perpetrator is subjectively at fault. The so-called fault refers to the psychological state of the infringer about his tortious act and its consequences, including two forms: intentional and negligent.

Paragraph 2 of Article 33 of the Copyright Law stipulates that after the publication of a work, unless the copyright owner declares that it shall not be excerpted, other newspapers and periodicals may publish it as abstracts or materials, but remuneration shall be paid to the copyright owner in accordance with the regulations.