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Copyright Law》 Article 37: Producers of sound recordings who use the unpublished works of others to produce sound recordings shall obtain the works.
permission of the right holder, and payment of remuneration. The use of published works of others to make sound recordings may be made without copyright.
but remuneration shall be paid in accordance with provisions; The copyright owner declares that it is not allowed to use it.
Video producers who use the works of others to produce video products shall obtain permission from the copyright owner and pay for the report.
Reward. Producers of audio or video recordings using works produced by adapting, translating, annotating, or organizing existing works shall report to them.
The copyright owner of the adaptation, translation, annotation, and arrangement of the work and the copyright owner of the original work shall pay remuneration.
Article 45: Where any of the following infringements is committed, they shall bear the responsibility of stopping the infringement and eliminating the impact on the basis of the circumstances
Public apology, compensation for losses and other civil liabilities:
1) Publishing a work without the permission of the copyright owner;
2) Without the permission of the co-author, treating a work created in collaboration with others as a work created by oneself alone.
Published; 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;
Where works are used in a manner such as or adaptation, translation, annotation, or other means, except as otherwise provided by this Law;
6) Using the works of others and failing to pay remuneration in accordance with provisions;
7) Without the performer's permission, live-streaming their performance;
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A legal letter is a form in which a rule of law is expressed; A rule of law is what the letter of the law is intended to express. The relationship between legal rules and legal provisions is generally corresponding. However, we see in the legal text that the situation in which the legal rules are expressed is different, specifically, there are roughly the following prominent situations:
A complete rule of law is expressed in several legal texts. The content of the legal rules is expressed by the legal provisions of different normative legal documents. A provision expresses different rules of law or its elements.
A legal text provides for only one or more elements of a rule of law. A legal rule is a norm that has been established or endorsed by the state regarding the order, permission and prohibition of people's actions or activities.
Article 1165 of the Civil Code.
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 1167 of the Civil Code.
Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
Article 1166 of the Civil Code.
Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is not at fault, and the law provides that tort liability shall be borne, follow those provisions.
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Legal analysis: Infringement can be divided into two basic types: general infringement and special infringement. General tort refers to the act in which the actor should bear civil liability for causing damage to others based on his fault.
The constitutive elements of a general tort refer to the factors that must be present to constitute a tort under ordinary circumstances. Only when these factors are present can a tort be established. The constitutive elements of a general tort include:
There are four aspects: the existence of harmful conduct, the existence of harmful facts, the causal relationship between the harmful conduct and the harmful facts, and the subjective fault of the perpetrator.
Legal basis: Civil Code of the People's Republic of China
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 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.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
Article 1169: Those who instigate or assist others in committing tortious acts shall bear joint and several liability with the perpetrators. Those who instigate or assist persons with no or limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of a person with no or limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibility.
Article 1170:Where two or more persons commit conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.
Article 1171:Where two or more persons separately commit tortious acts and cause the same harm, and each person's tortious acts are sufficient to cause all the harms, the perpetrators bear joint and several liability.
Article 1172:Where two or more persons separately commit tortious acts causing the same harm, and the extent of responsibility can be determined, Sun Zhaoyou bears corresponding responsibility; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally.
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Legal Grip Analysis:1Part VII of the Civil Code of the People's Republic of China, Articles 1,164 to 1,250 and 8, regulate civil relations arising from infringement of civil rights and interests.
2.Including general provisions, damages, special provisions for the subject of responsibility, product liability, motor vehicle traffic accident liability, medical damage liability, environmental pollution and ecological damage liability, high risk liability, damage liability for breeding animals, and liability for damage to buildings and objects.
Legal basis: Article 1164 of the Civil Code of the People's Republic of China This Part regulates civil relations arising from infringement of civil rights and interests.
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