What constitutes copyright infringement and what constitutes copyright infringement

As we all know, China's laws attach great importance to the protection of copyright. But in real life, there are always many acts of copyright infringement, of course, this kind of behavior is illegal, and the specific perpetrator will be punished by the law. But before that, what constitutes 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. Legal basis: Article 47 of the Copyright Law of the People's Republic of China publishes a work without the permission of the copyright owner; Without the permission of the co-author, publishing a work created in collaboration with others as a work created by oneself alone; Those who did not participate in the creation of the creation, but signed the works of others in order to seek personal fame and fortune; distorting or tampering with the works of others; plagiarizing the work of others; Except as otherwise provided in this Law, where works are used by means such as exhibition, filming, or filming, or by methods similar to filming, or by means such as adaptation, translation, or annotation, without the permission of the copyright owner; Failure to pay remuneration for the use of another person's work; 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; Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher; Broadcasting or publicly transmitting live performances from performers without their permission, or recording their performances; Other acts that infringe on copyrights and copyright-related rights and interests.

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 wealth;

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 exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure to pay remuneration for the use of another person's work;

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 recording, or the rights holder 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 they publish;

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

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; 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) 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) Without the permission of the producers of audio or video recordings, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law;

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 copyright-related rights holders, except as otherwise provided by laws and administrative regulations;

8) Producing or counterfeiting works signed by others.

2.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 holder. 3.

Except as otherwise provided by laws and administrative regulations, without the permission of the copyright owner or copyright-related rights holders, intentionally circumventing or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth. 4.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.

5.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.

Except as otherwise provided in this Law, ** or reproduction of radio or television without permission. 7.Without the permission of the co-author, the work created in collaboration with others is published as a work created by oneself.

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, audio or video recordings, or rights holders related to copyright. 9.

Without the permission of the publisher, try out the layout design of the books or periodicals they publish. 10.Broadcasting or publicly transmitting live performances from performers without their permission, or recording their performances;

11.Those who did not participate in the creation of the creation, but signed the works of others in order to seek personal fame and fortune; 12.

distorting or tampering with the works of others; 13.plagiarizing the work of others;

14.Failure to pay remuneration for the use of another person's work; 15.

So, what are the characteristics of copyright?

The characteristics of copyright are:

1) The copyright automatically arises when the work is completed;

2) Exclusivity, that is, the copyright owner exclusively enjoys the corresponding right to destroy the work;

3) territoriality, i.e., a right protected by the law of a country, except for accession to international conventions or the conclusion of bilateral agreements, has legal effect only within the scope of that country;

4) Temporality, except for the right of authorship, the right of modification, and the protection of the integrity of the work, which are not limited by the term of protection, the term of protection of other rights is omitted.

That's all for the above questions, are you clear?

Legal basis: Article 52 of the Copyright Law 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 his 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 wealth; 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 exhibition or filming of audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law.

Legal analysis: copying, publishing, distributing, adapting, filming films in any way without the permission of the author or other copyright holders; The infringer partially infringes on the use of another person's work; The tortious act of the infringer is a continuation of the tortious act of others; Breach of contract in the transfer of copyright and copyright licensing.

Legal basis: Civil Code of the People's Republic of China

Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability.

In accordance with the provisions of the law, if the actor is presumed to be at fault, and he cannot prove that he is not at fault, he shall be trapped and 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 or not, and the law provides that the law shall bear tort liability, follow those provisions.

The acts that constitute copyright infringement mainly include the following: 1. Unauthorized application of others' copyrighted works, for example, the act of publishing other people's works without the permission of the copyright owner constitutes copyright infringement; 2. Distortion, tampering, or plagiarism of others' works constitutes copyright infringement; 3. Other acts that constitute copyright infringement. 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 wealth; 4) Distorting or tampering with the works of others; 5) Plagiarizing the works of others; (6) Except as otherwise provided in this Law, where the work is used by means of exhibition or filming of an audiovisual work without the permission of the copyright owner; 7) Failure to pay remuneration for the use of another person's work; (8) Renting out the originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law; 9) Without the permission of the publisher, using the layout design of the books or periodicals they publish; 10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance; (11) Other acts of infringing on copyrights and copyright-related rights.

According to Article 47 of the Copyright Law.

Where there is any of the following acts of infringement of Hu power, it shall be quietly stopped according to the circumstances, and civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses; 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; 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) 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) Without the permission of the producers of audio or video recordings, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law;

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 copyright-related rights holders, except as otherwise provided by laws and administrative regulations;

8) Producing or counterfeiting works signed by others.

Zongheng Legal Network Guizhu lawyer.