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The following are acts of copyright infringement.
1. Publish without permission;
2. Publish the work in collaboration with others as a work created by oneself without permission;
3. Did not participate in the creation, signed on the works of others;
4. Distorting or tampering with other people's works;
5. Plagiarizing other people's works;
6. Exhibiting, filming, adapting, translating, or annotating the works of others without permission;
7. Using other people's works without paying remuneration;
8. Leasing film works without permission;
9. Recording, live broadcasting or publicly transmitting performers' performances without permission;
10. Using the layout and binding design of the publisher's publication without permission;
13. Publishing books in which others have exclusive publishing rights;
14. Reproducing or distributing audio-visual products with performers' performances without permission, or disseminating their performances through information networks;
15. Reproducing, distributing, or disseminating to the public audio-visual products made by others through information networks without permission;
17. Deliberately avoiding or destroying the technical protection measures taken by the copyright owner or relevant right holder on its works or products without permission;
18. Deliberately deleting the electronic information on rights management that can change the copyright owner or relevant right holders' rights on the works or products without permission;
19. Make ** works that counterfeit the signatures of others.
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If we haven't met yet, we are destined not to meet.
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Questioners can go to the local copyright office or the China Copyright Center in Beijing to apply for it. Brief inform, I hope it helps: the documents required for the application for software copyright registrationThe software copyright registration application documents should include:
The application form for software copyright registration, the identification materials of the software, the identity certificate of the applicant and the relevant supporting documents shall be in duplicate. 1. The application form for software copyright registration should be submitted with a printout of the application form, please do not copy, change the format without authorization, and the signature should be the original. 2. What are the identification materials of software (programs, documents)?
General deposit: The source program and the document should be submitted for 30 consecutive pages before and after, and if there are less than 60 pages, they should be submitted in fullExample External Memory:
Please submit the identification materials of the software in one of the ways specified in Article 12 of the Measures for the Registration of Computer Software Copyright. Note: If the applicant marks the name and version number of the applied software on the header of the source program and the document, it should be exactly the same as the corresponding content in the application form, and the page number should be marked in the upper right corner, and the source program should be no less than 50 lines per page, and the last page should be the end page of the program, and the document should be no less than 30 lines per page, except for drawings.
3. Relevant supporting documents include: identity documents of the applicant and the first person, proof of ownership of rights, etc. If the person applying for entrustment for the registration of identity documents, a copy of the identity document of the person shall be submitted, and the application form shall specify the matters to be entrusted, the scope of the authority of the entrustment, the period of entrustment, etc.
Applicant's valid identity document (the official seal of the unit is required).A copy of the copy of the valid business license of the enterprise legal person submitted by the enterprise legal person unit; Proof of ownership? If the development is entrusted, the entrusted development contract shall be submitted
In the case of cooperative development, a cooperative development contract shall be submitted;If the task is developed, it shall be submitted to the task book issued by the higher-level department; 4. If other supporting documents modify the software of others that should be licensed, the authorization letter shall be submitted; If the software copyright is obtained by the transferee, the software copyright transfer agreement shall be submitted;
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Foreign copyright depends on whether the Convention and some treaties are protected in the country.
If you want to sue and get a good result, you can only sue in China, and if you sue in a foreign country, you still have to enforce it in Chinese courts.
Imprisonment depends on the degree of specific damage, and if the harm is very great, it will constitute a crime of infringing intellectual property rights, and if it does not constitute a crime, it will not be imprisoned.
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The crime of copyright infringement refers to the act of violating copyright management laws and regulations for the purpose of making profits, infringing on the copyrights of others, with the permission of the copyright owner, and the amount of unlawful gains is relatively large, or there are other serious circumstances. Specifically, it includes the following four situations: (1) without the permission of the copyright owner, copying and distributing its literary works, films, television, video works, computer software and other works, 8) 2) publishing books for which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings produced by the producer without the permission of the producer of the audio or video recording; (4) Producing or counterfeiting works of art signed by others; The subject of the crime is a general subject, including both natural persons and units; The subjective aspect is intentional.
When determining the nature of such cases, it should be noted that although the perpetrator has carried out acts of infringing on the copyrights of others, but the unlawful gains do not reach the standard of a relatively large amount, and there are no other serious circumstances, it does not constitute the crime of copyright infringement and shall be handled as a civil infringement. Whoever, on the basis of article of the Criminal Law, commits this crime and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to 3 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 3 and 7 years imprisonment and a concurrent fine is to be given. Where a unit commits this crime, a double penalty system is implemented, that is, the unit is to be fined, and the person in charge and other persons directly responsible for it are to be punished in accordance with the above provisions.
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The sentence for copyright infringement is up to three years imprisonment if the amount is relatively large, and the sentence for between three and seven years imprisonment is to be given if the amount of the violation is huge. Article 217 of the Criminal Law stipulates that anyone who infringes on copyrights for the purpose of making profits, and whose unlawful gains are relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.
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What constitutes copyright infringement? What is the basis for the penalty?
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Copyright Law of the People's Republic of China
Detailed Rules for the Implementation of the Copyright Law of the People's Republic of China
Regulations on the Protection of Computer Software
Regulations on the Protection of the Right to Disseminate Information on the Network
Regulations on the Collective Management of Copyrights", etc.
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Copyright = Copyright.
Article 57 of the Copyright Law The term "copyright" as used in this Law refers to copyright.
The right of publication does not belong to copyright in the narrow sense, but is a kind of "neighboring right" that is related to copyright in the narrow sense. Narrow Copyright + Neighboring Rights = Broad Copyright.
The right of publication is owned by the publisher of the book (who is not the same person as the copyright owner).
Article 31 of the Copyright Law: The exclusive right of publication enjoyed by a book publisher in accordance with the contract for a work delivered for publication by the copyright owner shall be protected by law, and no one else shall publish the work.
Digression: The copyright owner can also control the act of publishing, but the copyright owner controls the act of publication from two copyright rights: the right of reproduction and the right of distribution, but not the right of publication
Article 10 of the Copyright Law Copyright includes the following personal rights and property rights:
(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, ripping, reproduction, etc.;
6) The right of distribution, that is, the right to provide the original or copy of the work to the public in the form of ** or gift; ......
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Answer: Regarding the scope of copyright protection, you can refer to Article 2 of the Copyright Law of the People's Republic of China, which provides that works of Chinese citizens, legal persons or unincorporated organizations, regardless of whether they are published or not, enjoy copyright in accordance with this Law. Article 3: "Works" as used in this Law refers to intellectual achievements in the fields of literature, art, and science that are original and can be expressed in a certain form, including: (1) literary works; (2) oral works; (3) **, drama, opera, dance, acrobatic artworks; (4) Works of fine arts and architecture; (5) Photographic works; (6) audiovisual works; (7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) computer software; (9) Other intellectual achievements that conform to the characteristics of the work.
Seat matching is performed.
Where the scope of compensation is stipulated in Article 49 of the Copyright Law of the People's Republic of China, 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. Where the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the people's court shall, on the basis of the circumstances of the infringement, make a judgment to give compensation of up to 500,000 yuan.
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Therefore, copyright = copyright.
The right of publication is a part of the right of adjacent rights of copyright, which is a combination of the right of reproduction and the right of distribution, which initially belongs to the author as the original copyright owner, and is a civil economic right that can be disposed of and transferred according to law.
Therefore, the right of publication exists as part of the copyright.
Copyright knowledge of the rights defenders
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According to the provisions of the Copyright Law, copyright includes: copyright includes the following rights: (1) the right of publication, that is, the right to decide whether the work is made public; (2) the right of authorship, that is, the right to indicate the identity of the author and sign the work; (3) the right to modify, that is, the right to modify or authorize others to modify the work; (4) the right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering; (5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, ripping, reproduction, etc.; 6) The right of distribution, that is, the right to provide the original or copy of the work to the public in the form of ** or gift; ......(7) The right to lease, that is, the right to permit others to temporarily use a film work or a work or computer software created by a method similar to that of filming, except where the computer software is not the main subject of the lease; (8) the right of exhibition, (9) the right of performance, (10) the right of screening, (11) the right of broadcasting, (12) the right of information network dissemination, (13) the right of filming, (14) the right of adaptation, (15) the right of translation, (16) the right of compilation; (17) Other rights that shall be enjoyed by the copyright owner.
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According to the provisions of the Copyright Law, copyright is the legal right enjoyed by the author to his work. Copyright is a civil right enjoyed by citizens and legal persons in accordance with the law, and it is an intangible property right. The author who enjoys copyright can decide whether to use his work in the sense of copyright, and in our country, as long as it is published, it will be protected.
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, etc., created in the following forms:
1) Written works;
(2) oral works;
3) **, drama, opera, dance works;
4) Works of art and photography;
5) Film, television, and video works;
6) Engineering design, product design drawings and their descriptions;
7) Graphic works such as maps and schematic diagrams;
(8) computer software;
9) Other works provided for by laws and administrative regulations.
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