What are the criteria for determining copyright infringement?

The criteria for determining copyright infringement are: (1) the fact that there is infringement, that is, the perpetrator uses the copyright owner's works, as well as performances, audio-visual products, and radio and television programs without the permission of the copyright owner and in accordance with the conditions of use stipulated in the Copyright Law. (2) If the act is illegal, copyright is an absolute right, and everyone is responsible for the obligation not to infringe on that right.

3) The actor's subjective faultThe so-called fault refers to the infringer's psychological state of the infringer for its tortious act and its consequences, including intentional and negligent forms. [Legal basis].Article 217 of the Criminal Law stipulates that the crime of copyright infringement refers to the reproduction and distribution of text, audio-visual, computer software and other works without the permission of the copyright owner, the publication of books in which others have the exclusive right to publish, the reproduction and distribution of audio-visual products produced by others without the permission of the producer, and the production or exhibition of art works with the signature of others, where the amount of illegal gains is relatively large or there are other serious circumstances.

Generally, the judgment is based on contact + substantial similarity, the alleged infringing work is the same or substantially similar to the prior work claimed by the plaintiff, and the defendant has been in contact with the work claimed by the plaintiff at the time of creation or there is a possibility of contact, and the defendant cannot provide evidence or explain the legality of the allegedly infringing work, it can be determined that the defendant has infringed the plaintiff's copyright.

The criteria for determining copyright infringement are as follows: 1. The act is illegal; 2. The copyright owner has actual losses; 3. There is a causal connection between the actual loss and the illegal act; 4. The infringed works are protected by China's copyright law. Article 52 of the Copyright Law of the People's Republic of China provides that a person 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 losses:

1) Publishing a work without the permission of the copyright owner; (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 fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law; (7) Failing to pay remuneration for the use of another person's work; (8) Renting out the originals or reproductions of their works or audio or video recordings without the permission of the copyright owner or performer of the audiovisual works, computer software, or audio or video recordings, or the permission of the producers of the audio or video recordings, except as otherwise provided by this Law; (9) Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher; (10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance; (11) Other acts that infringe on copyrights and copyright-related rights.

1. The fact of infringement.

2. The act is illegal.

3. The perpetrator is subjectively at fault.

Legal basis: Article 47 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 losses:

1) Publishing a work without the permission of the copyright owner;

(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 fortune;

(4) Distorting or tampering with the works of others;

(5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, the work is used in an exhibition, in a film produced by Lu Tie, or in a method similar to the production of a film, or where the work is used in a method such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Using others as companions to take goods, and failing to pay remuneration that should be paid;

8) Leasing works or audio or video recordings without the permission of the rights holder of cinematographic works or works created by methods similar to filming, computer software, audio or video recordings, or copyright-related rights holders, except as otherwise provided by this Law;

(9) Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher;

(10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

The criterion for determining copyright infringement is the act of using another person's work or exercising the exclusive rights of the copyright owner without the consent of the copyright owner and without legal basis. Any act that infringes upon the copyright of another person and causes financial or non-property losses is a copyright infringement.

Legal basis] Article 1164 of the Civil Code.

This Part regulates civil relations arising from infringement of civil rights and interests.

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Where the perpetrator infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort liability for the remark.

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.

Legal analysis: According to the provisions of China's Copyright Law, plagiarism, tampering, reproduction, and use of other people's works without the permission of the copyright owner constitute copyright infringement.

Legal basis: Copyright Law of the People's Republic of China Article 47 Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances: (1) publishing the work without the permission of the copyright owner; (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 fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or methods similar to filming, or in the form of adaptation, translation, annotation, or other means, except as otherwise provided in this Law; (7) Failing to pay remuneration for the use of another person's work; (8) Renting out 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 recording, or the owner of rights related to copyright, except as otherwise provided in this Law; (9) Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher; (10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance; (11) Other acts that infringe on copyrights and copyright-related rights and interests.