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What is copyright infringement? What are the types of copyright infringement? Copyright is an important part of intellectual property rights, intellectual property rights are very important, and have important help to the growth of China's economy.
What are the types of copyright infringement? What is copyright infringement? Copyright infringement refers to all acts that infringe on the moral rights and property rights enjoyed by the copyright owner in violation of the Copyright Law.
Specifically, any act provided for in Articles 47 and 48 of the Copyright Law, infringing on the copyright of others and causing property or non-property losses, is an infringement of copyright. What are the types of copyright infringement? 1. Direct infringement of reproduction, publication, distribution, adaptation, translation, broadcasting, performance, exhibition, filming, etc., without the permission of the author or other copyright holders, constitutes direct infringement of copyright.
Such violations are the main targets of the crackdown. 2. Indirect infringement means that the infringer's infringement is a continuation of the infringement's infringement, thus constituting indirect infringement; or a person is liable for the acts of others and he himself is not directly engaged in any tortious act. 3. Breach of contract infringement This infringement mainly occurs in copyright transfer and copyright licensing activities, such as the copyright transferee or licensee violates the contract and uses the copyright beyond the provisions of the transfer agreement or license agreement without authorization.
Such an act constitutes both a breach of contract and a tort. This situation occurs more often in the transfer and licensing of computer software. 4. Part of the infringer does not copy, adapt, translate or otherwise use the works of others without the permission of the copyright owner, but partially infringes the works of others.
Some of the infringements are the most widespread, and in real life, booksellers basically use this method to copy a large number of books from various books into reference books. Since some infringements are on the blurred margin between infringement and fair use, they can easily be maliciously exploited, and it is difficult to determine whether they are infringements in litigation practice. What is copyright infringement?
What are the types of copyright infringement? If you want to know more, please contact our customer service, or call Bajie intellectual property national free service, we have many years of professional intellectual property experience, professional business team and the concept of serving customers wholeheartedly, can help you apply smoothly.
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Legal analysis: 1. Direct infringement. Reproduction, publication, distribution, adaptation, translation, broadcasting, performance, exhibition, filming, etc., in any way without the permission of the author or other copyright holders, constitutes direct infringement of copyright.
Such violations are the main targets of the crackdown. 2. Indirect infringement. It means that the infringer's tortious act is a continuation of the infringing act of others, thus constituting indirect infringement; or a person is liable for the acts of his Lingren and he himself is not directly engaged in any tortious act.
3. Breach of contract and infringement. This kind of infringement mainly occurs in copyright transfer and copyright licensing activities, such as the copyright transferee or licensee violates the contract and uses the copyright beyond the provisions of the transfer agreement or license agreement without authorization. Such an act constitutes both a breach of contract and a tort.
This situation occurs more often in the transfer and licensing of computer software. 4. Partial infringement. The infringer does not copy, adapt, translate or otherwise use the work of another person in its entirety without the permission of the copyright owner, but uses the work of another person in part in infringement.
Legal basis: Civil Code of the People's Republic of China
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
Article 1169:Where instigating or aiding others to commit tortious acts, Tongchen shall be jointly and severally liable with the perpetrator.
Those who instigate or assist persons with no or limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of a person with no or limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibility.
Article 1170:Where two or more persons commit conduct that endangers the safety of others' persons or property, and one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.
Article 1171:Where two or more persons separately commit tortious acts and cause the same harm, and each person's tortious acts are sufficient to cause all the harms, the perpetrators bear joint and several liability.
Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the size of responsibility can be determined, they each bear corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.
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1. Publishing, renting, copying, or disseminating the works of others without the permission of the copyright owner;
2. Distorting, tampering with, or plagiarizing the works of others;
3. Other types of copyright infringement.
[Legal basis].Article 52 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.
1) Publishing their works without the permission of the copyright owner's first block;
2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;
3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;
4) Distorting or tampering with the works of others;
5) Plagiarizing the works of others;
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