Is this an infringement? What is infringement?

If it is pure news, it is not considered infringement.

If you write a review or have something you created, and these things are the subject of the article, not just to report the news, and it is ** without consent (no critical changes), it is very likely that infringement can be determined.

Article 22 of the Copyright Law The use of a work under the following circumstances may be made without the permission of the copyright owner and without payment of remuneration to him, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed:

3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting current affairs;

4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already published articles on current affairs on political, economic, or religious issues, except where the author declares that they are not allowed to be published;

If it is not for profit-making purposes, it cannot be determined as infringement.

1. What is infringement?

1. Infringement refers to the illegal act of infringing on the personal property or intellectual property rights of others, and shall bear civil liability in accordance with the law. After the infringement occurs, a specific civil rights and obligations relationship arises between the infringer and the victim, that is, the victim has the right to demand compensation from the infringer.

2. Legal basis: Article 1165 of the Civil Code of the People's Republic of China.

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

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.

Article 1166.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, it is to be determined in accordance with its regulations.

Article 1177.

Where the lawful rights and interests are infringed, the situation is urgent and it is not possible to obtain protection from the state organs in a timely manner, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect his or her lawful rights and interests; However, Li Muxing should immediately request the relevant state organs to handle it.

Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.

2. What are the general torts?

1. Torts infringing on the person;

2. Infringement of personality interests;

3. Infringement of identity rights;

4. Infringement of property rights;

5. Infringement of intellectual property rights.

1. The illegality of the act.

The so-called illegality of the act refers to the violation of the prohibitive or mandatory provisions of the law by the perpetrator.

2. The existence of the fact of damage.

The fact of damage includes damage to both public property and private property, and in the case of harm, damage to non-property rights.

Damage to property, both direct and consequential. Direct damage, also known as positive property loss, refers to the reduction of the victim's existing actual property, and indirect damage, also known as negative property loss, refers to the reduction of the victim's available benefits, and the damage to the person includes damage to life, health, reputation, honor, etc., and the damage to the person often also generates a certain amount of property loss.

3. Causation.

The causal relationship in tort refers to the objective connection between the illegal act and the result of the damage, that is, whether the specific fact of damage is the inevitable result of the actor's act. Only when there is a causal relationship between the two can the actor bear the corresponding civil liability.

Causation is complex and changeable, and often the occurrence of a damage consequence is caused by multiple causes, including primary and secondary causes, as well as direct and indirect causes.

4. The perpetrator is subjectively at fault.

Fault is a subjective factor in the constitutive elements of the tortious act, reflecting the psychological state of the perpetrator who commits the tortious act.

Faults are divided into intentional and negligent according to their type. "Intent" refers to the fact that the perpetrator foresees the harmful consequences that his or her conduct may produce, but still wants it to occur or allows it to occur.

"Negligence" refers to the fact that the actor should have foreseen or could have foreseen the outcome of his act but failed to foresee it due to negligence, or had foreseen it, but because he was overconfident that it would not happen, resulting in harmful consequences.

Legal Analysis: Infringement mainly infringes on civil rights and interests. Civil rights and interests, including the right to life, the right to health, the right to name, the right to reputation, the right to honor, the right to portrait, the right to privacy, the right to marital autonomy, the right to guardianship, ownership, usufructuary rights, security rights, copyrights, patent rights, the right to use trademarks, the right to discover, the right to equity, the right to inherit and other personal and property rights and interests.

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

Article 1164:Adjust civil relationships arising from infringement of civil rights and interests. Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, he shall bear the tort liability. 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.

Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that they shall bear tort liability, follow those provisions.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

A tort is an act that infringes on the rights and interests of others, so a tort can also be called a violation. The determination of the infringement of Kai's clan rights can start with the constituent elements: 1. The illegality of the act.

2. The existence of the fact of damage. 3. Causal relationship: Only when there is a causal relationship between the two can the actor bear the corresponding civil liability. 4. The perpetrator is subjectively at fault.

Article 1167 of the Civil Code: Where the tortious act endangers the personal and property safety of others, the person who has been infringed has the right to request the infringer to bear tort liability such as stopping the infringement, removing the obstruction, and eliminating the danger.

1. The illegality of the act.

2. The existence of the fact of damage.

3. Causal relationship, only when there is a causal relationship between the two, the actor should bear the corresponding civil liability.

4. The perpetrator is subjectively at fault.

Legal basis: Article 116 of the Civil Code of the People's Republic of China Article 17 Where the tortious act endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangerous limb breaches.