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In the following cases, the work may be used without the permission of the copyright owner and without payment to the copyright owner.
remuneration, provided that the name of the author and the title of the work are indicated, and must not infringe upon other rights enjoyed by the copyright owner in accordance with this Law.
Rights: 1) To use the published works of others for personal study, research or appreciation;
published works;
3) In newspapers, periodicals, radio, television programs, or news documentaries for the purpose of reporting current affairs.
cite published works;
6) Translation or small reproduction of published works for school classroom teaching or scientific research.
It shall be used by teaching or scientific research personnel, but shall not be published or distributed;
7) The use of published works by state organs for the performance of official duties;
8) Libraries, archives, memorial halls, museums, art galleries, etc., for the purpose of displaying or preserving editions.
to reproduce the works in the museum's collection;
9) Free performances of published works;
10) Copying, painting, photographing, or recording works of art set up or displayed in outdoor public places.
Resemble; 11) Translate published works in Han Chinese into minority languages for publication and distribution in China;
12) Convert published works into Braille.
The above provisions apply to the rights of publishers, performers, producers of audio and video recordings, radio and television stations.
Restrictions on profits. Selling for profit constitutes infringement.
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1. The perpetrator has engaged in civil illegal acts and quarrels;
2. The fact that the property or personal injury of others has been caused;
3. There is a causal relationship between the illegal act and the harmful consequences;
4. The perpetrator is subjectively intentional or negligent at fault.
[Legal basis].Article 1165 of the Civil Code.
Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.
Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions. Ascending plexus closed.
Article 1167.
Where the tortious act endangers the personal or property safety of others, the infringer has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
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Personally, I think that without the consent of the author of the note, copying and making the notebook without permission is an act of copyright infringement and must bear legal responsibility.
1. Whether the production of notes is considered a copyright infringement.
1. According to the provisions of China's copyright law, without the consent of the author of the note, the person who copies and makes the note without permission is an act of copyright infringement and must bear legal responsibility.
2. Legal provisions: Copyright Law of the People's Republic of China
Article 48: Where the following infringements are committed, civil liability such as stopping the infringement, eliminating the impact, making formal apologies, and compensating for losses shall be borne on the basis of the circumstances; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; constitutes a crime.
Criminal responsibility in accordance with the law:
1) Reproduction, distribution, performance, screening, broadcasting, compilation, without the permission of the copyright owner
Where their works are disseminated to the public through information networks, except as otherwise provided by this Law;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the performer's permission, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided in this Law;
4) 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.
6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth, except as otherwise provided by laws and administrative regulations;
7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or rights holder related to copyright, except as otherwise provided by laws and administrative regulations;
8) Producing or counterfeiting works signed by others.
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The environment we live in will undergo all kinds of changes all the time, with the continuous development of social economy and the continuous progress of science and technology, then our living standards have been greatly improved, and our level of education is getting higher and higher, people's awareness of the law and the sense of identity is getting stronger and stronger, so in our daily life, it is inevitable that all kinds of things will happen, so we need to look at these things correctly. As far as I am concerned, each of us has heard of such a thing as infringement to a greater or lesser extent, so what is an infringement? First of all, infringement refers to acts that harm the rights and interests of others, including general torts and special torts.
The former is an act in which the actor directly causes damage based on his fault, and the latter is an act in which the actor is not at fault but still needs to bear the corresponding legal responsibility, so for the tort, it is necessary to bear the corresponding legal responsibility to a certain extent.
Therefore, in our daily life, we must restrain our own behavior, do not infringe on the legitimate rights and rights of others, if our behavior causes a loss of life, economy, and property of others, then to a certain extent, we need to bear the corresponding legal responsibility, so we must pay attention to this.
In addition, the environment we live in is in a dynamic change process, and we will inevitably have all kinds of unexpected situations, or face relevant legal problems, so it is necessary for us to understand some relevant laws and regulations, which is of great significance to us. If we have caused a certain amount of damage to others, then we must bear the corresponding legal responsibility, or compensation, we have a righteous auction to let the victim get the corresponding compensation, so for this situation, we should pay attention.
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Without the consent of others, the unauthorized use of high-minded items that stare at others, the unauthorized conduct of physical inspections on others, and the unauthorized publication of others' ** on public platforms, etc., are all regarded as infringements.
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Infringement refers to infringing on the legitimate rights and interests of others and causing material and moral damage to others, even if it is infringement.
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Even without Bu Stool's own consent, Bo Xiao crossed his own scope, which is an infringement, and we can choose to use the law to defend our rights.
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Legal analysis: This constitutes a tort: 1. The actor has engaged in a civil violation; 2. The fact that Hu Hui has become the property or personal injury of others; 3. There is a causal relationship between the illegal act and the harmful consequences; 4. The perpetrator is subjectively intentional or negligent at fault.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the infringing act endangers the safety of others' persons or property, the infringed party has the right to request that the infringer take on tortious liability such as stopping the infringement, removing obstructions, and eliminating dangers.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
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