Is it an infringement to put a genuine CD in a public place?

Updated on society 2024-03-23
2 answers
  1. Anonymous users2024-02-07

    Such an act is a tort. After purchasing a genuine CD or other publication, you get the right to use the CD, which can be used at home or in private places free of charge without permission. If it is performed in a public place such as a place of business**, it is a public performance, and the 'performance right' of the song is involved, and the permission must be obtained in advance and the corresponding fee should be paid in accordance with the Copyright Law.

    Legal analysis. If the flow rate is much lower than the minimum flow rate to ensure accuracy, it will result in no output (e.g., vortex flowmeter) or the output signal will be cut off as a small signal (e.g., differential pressure flowmeter), which is unfavorable and unfair to the supplier. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand parties often agree that a certain flow value is "agreed lower limit flow" according to the flow measurement range and the range that can be achieved, and it is agreed that if the actual flow rate is less than the agreed value, the lower limit will be charged.

    The people's metrology administrative departments at or above the county level may set up metrological verification institutions as needed, or authorize other units of metrological verification institutions to carry out compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks provided for in the preceding paragraph must pass the assessment. This function is usually implemented in flow meters.

    According to the needs of the region, the local people's measurement administrative department at or above the county level shall establish social public measurement standard instruments, which shall be used after passing the examination by the people's measurement administrative department at a higher level. Enterprises and institutions may establish the measurement standard instruments used by the unit according to their needs, and the highest measurement standard instruments shall be used after passing the examination presided over by the relevant people's measurement administrative department. Metrological verification work should be carried out in accordance with the principle of economic reasonableness and in the nearest place.

    Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrology verification system table shall be formulated by the administrative department of metrology.

    Legal basis. Article 48 of the Copyright Law of the People's Republic of China: Anyone who commits any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for lossesWhere the public interest is harmed at the same time, the administrative copyright management department may order the cessation of the infringing act, confiscate the unlawful gains, confiscate or destroy the infringing copies, and may impose a fine;where the circumstances are serious, the administrative copyright management department may also confiscate materials, tools, equipment, and so forth that are mainly used to make infringing copies;where a crime is constituted, criminal responsibility is pursued in accordance with law

    1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law.

  2. Anonymous users2024-02-06

    Copyright Infringement.

    Article 3 of the Copyright Law The term "works" as used in this Law includes works of literature, art, natural sciences, social sciences, engineering and technology created in the following forms: ......6) Cinematographic works and works created by methods similar to those used to make films; ......

    Article 9 Copyright holders include:

    a) Author; 2) Other citizens, legal persons, or other organizations that enjoy copyright in accordance with this Law.

    Article 10: Copyright includes the following personal rights and property rights: ......7) The right to rent, that is, the right to license others to temporarily use cinematographic works and works created by methods similar to filming, and computer software for a fee, except where computer software is not the main subject of rental; ......

    Copyright owners may permit others to exercise the rights provided for in items (5) through (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

    Copyright owners may transfer in whole or in part the rights provided for in items (5) through (17) of the first paragraph of this Article, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

    Article 46: Where the following infringements are committed, civil liability such as stopping the violation, eliminating the impact, making formal apologies, and compensating for losses shall be borne on the basis of the circumstances: ......8) Except as otherwise provided in this Law, where works or audio or video recordings are leased 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 rights holders related to copyright; ......

    Article 48: Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.

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