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Exhibiting a work without the permission of the copyright owner is suspected of infringement.
If a work is copied and distributed for profit without the permission of the copyright owner, it is suspected of violating the criminal law.
Tort Liability Law
Article 2: Those who infringe on civil rights and interests shall bear tort liability in accordance with this Law.
"Civil rights and interests" as used in this Law includes personal and property rights and interests such as the right to life, health, name, reputation, honor, portraiture, privacy, marital autonomy, guardianship, ownership, usufructuary rights, security interests, copyrights, patent rights, exclusive rights to use trademarks, rights of discovery, equity, and inheritance.
Article 3: The infringed party has the right to request that the infringer bear the tort liability.
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Compensation for losses;
7) Apologize;
8) Eliminate the impact and restore the reputation.
The above methods of bearing tort liability may be applied separately or in combination.
Article 217 of the Criminal Law [Crime of Copyright Infringement] Whoever, for the purpose of making profits, commits any of the following circumstances of copyright infringement, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given
1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;
4) Producing or counterfeiting works of art signed by others.
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If the video tutorial contains the work of others and does not have the permission of others, it will involve infringement of the copyright (copyright) of others, and in general, copyright (copyright) infringement is as follows:
1.Publishing a work without the permission of the copyright owner;
2.Publish a work created in collaboration with others as a work created by oneself without the permission of the co-author;
3.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;
4.distorting or tampering with the works of others;
5.plagiarizing the work of others;
6.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;
7.Failure to pay remuneration for the use of another person's work;
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;
9.Without the permission of the publisher, using the layout design of the books or periodicals published by the publisher;
10.Broadcasting or publicly transmitting live performances from performers without their permission, or recording their performances;
11.Except as otherwise provided in this Law, where their works are reproduced, distributed, performed, screened, broadcasted, compiled, or disseminated to the public through information networks without the permission of the copyright owner;
12.Publishing books for which others have exclusive publishing rights;
13.Except as otherwise provided by the Copyright 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;
14.Except as otherwise provided by the Copyright Law, where audio or video recordings produced by the producers of audio or video recordings are reproduced, distributed, or disseminated to the public through information networks;
16. Without the permission of the copyright owner or the copyright-related rights holder, intentionally avoiding or destroying the technical measures taken by the rights holder to protect copyright or copyright-related rights for its works, audio or video recordings, etc., except as otherwise provided by laws and administrative regulations;
17.Except as otherwise provided by laws and administrative regulations, where electronic information on rights management is intentionally deleted or altered without the permission of the copyright owner or copyright-related rights holder;
18. Production, ** counterfeiting of other people's signature works.
It is recommended to communicate with the original author as much as possible before making a tutorial and obtain the author's permission to ensure that you do not infringe on the copyright of others.
Where a natural person commits this crime, he is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. >>>More
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: >>>More
If the following conditions are met at the same time, the quotation of others' works does not constitute infringement: 1. Quoting the published works of others and indicating the author and the name of the work for the purpose of introducing or commenting on a work or illustrating a certain issue; 2. The quoted part does not belong to the main part of the cited work; 3. It does not cause damage to the legitimate rights and interests of the copyright owner of the cited work. According to Article 24, Paragraph 2 of the Copyright Law, for the purpose of introducing or commenting on a work or illustrating a certain issue, a work that has already been published by another person may be appropriately quoted in the work without the permission of the copyright owner and without remuneration being paid, provided that the name or title of the author or title and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably harm the lawful rights and interests of the copyright owner. >>>More
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. >>>More
It is possible to negotiate or file a lawsuit.