How to count as infringement, does it count if the content of the publisher s book is put into the s

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:

1) Using published works of others for personal study, research or appreciation;

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;

6) Translate or reproduce in small quantities already published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them;

7) The use of published works by state organs within a reasonable scope for the performance of official duties;

8) Libraries, archives, memorial halls, museums, art galleries, etc., reproduce works in the collection of the library for the purpose of displaying or preserving editions;

9) free performances of published works that have not been charged to the public and have not been remunerated to performers;

10) Copying, painting, photography, or videotaping works of art set up or displayed in outdoor public places;

11) Translate works created in the Chinese language that have been published by Chinese citizens, legal persons, or other organizations into works in minority languages for publication and distribution in China;

12) Convert published works into Braille.

The provisions of the preceding paragraph apply to restrictions on the rights of publishers, performers, producers of audio and video recordings, radio stations, and television stations.

The amount of plagiarized content is not the only basis for determining whether there is infringement, and the most important thing is to consider whether the infringement is sufficient to affect the economic interests of the publisher to reprint or reprint the book. If the infringer's use of the content of the original book is sufficient to affect the economic value of the book when it is republished, even if the content used is not much, it shall constitute infringement.

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;

1. Steps for determining copyright infringement.

1. Analysis of the plaintiff's work.

According to the provisions of Chinese law, the principle of automatic protection is adopted for the creation of copyright, that is, once the work is created, the copyright is generated. Therefore, unlike other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the validity of rights. A work with valid copyright must also meet the following conditions:

It falls within the scope of works protected by copyright law; Originality; Can be reproduced in some tangible form. As long as any of these conditions are not met, the plaintiff's work is not protected by copyright law. In this way, the defendant certainly did not infringe.

If the plaintiff's work meets both of the above conditions, the work enjoys the protection of the copyright law.

2. Analysis of the allegedly infringing work and the defendant's use of it.

The following two criteria can be applied to the analysis of the allegedly infringing work: one is contact, i.e., the opportunity to contact the previous work; The second is substantial similarity, that is, the parts that should be protected by copyright are substantially similar. Among them, the latter is the focus of the determination.

When determining whether the works of the plaintiff and the defendant are substantially similar, the part of the plaintiff's work protected by copyright should be compared with the corresponding part of the defendant's work to determine whether the two are substantially similar.

2. Determination of plagiarism.

There are two criteria for determining plagiarism:

1. Whether the plagiarized (plagiarized) work is protected by the Copyright Law in accordance with the law;

2. Whether the plagiarist (plagiarist) uses other people's works beyond the scope of proper citation.

Software copyright is an intellectual property right. Copyright, also known as copyright, refers to the rights enjoyed by authors of literary, artistic, and scientific works over their works. The law applies to the intellectual property rights of software1. Copyright of works:

Treat the documents, programs or other media in the R&D results as works and be protected by copyright law; 2. Design patent right: The application side of the engineering technology and technical design scheme can apply for patent protection; 3. Formal expression of trademark rights: intellectual achievements expressed in the form of product names, software industry blindness, etc., can apply for trademark protection.

Article 9 of the Copyright Law of the People's Republic of China Article 9 Copyright owners include: (1) authors; (2) Other citizens, legal persons, or other organizations that enjoy copyright in accordance with this Law.

Software copyright belongs to the intellectual property rights. Copyright is also known as copyright, which refers to the rights enjoyed by authors of literary, artistic, and scientific works over their works. The law applies to the intellectual property rights of software1. Copyright of works:

Treat the documents, programs or other media in the R&D results as works and be protected by copyright law; 2. Design patent right: the engineering technology and technical design scheme at the application end can apply for patent protection; 3. Formal expression of trademark rights: intellectual achievements expressed in the form of product names, software interfaces, etc., can apply for trademark protection.

Article 9 of the Copyright Law of the People's Republic of China Article 9 Copyright owners include: (1) authors; (2) Other citizens, legal persons, or other organizations that enjoy copyright in accordance with this Law.

1. Plagiarism. Plagiarism refers to the act of stealing software that others have copyrighted in accordance with the law and publishing or registering it. The main manifestation of plagiarism is to sign one's own name (or name) on other people's software and publish or register it by means of plagiarism or partial plagiarism.

2. Illegal copying. Illegal copying refers to the act of making one or more copies of another person's software without the permission of the software copyright owner. The main manifestation of illegal copying is piracy, which directly plunders the market share and commercial profits of genuine manufacturers, and is currently the most common software infringement, which is very harmful and the most well-known to the public.

3. Unauthorized use. Unauthorized use refers to the illegal use of other people's software without the permission of the software copyright owner and without legal basis. For example, an enterprise may install and use other people's software in its internal computer use system without authorization; Another example is modifying, translating, annotating and marketing other people's software without authorization, and pursuing illegal benefits.

4. Unauthorized permission to be used by others. Unauthorized permission to others refers to the act of unauthorized permission for a third party to use another person's software without the permission of the software copyright owner and without legal basis. In general, manufacturers, distributors or retailers of computer hardware and system software pre-install software in their hardware without authorization or tie in or give away software to others free of charge in order to promote the hardware or software they produce or distribute.

5. Unauthorized transfer. Unauthorized transfer refers to the unauthorized transfer of another person's software to a third party without the permission of the software copyright owner and without legal basis. In particular, manufacturers with certain software development capabilities and reputations directly sign their own names to publish and sell other people's software, which is more concealed and infringing.

2. What are the consequences of software copyright infringement?

1. Administrative responsibility. The State Software Copyright Administration Department shall give penalties such as confiscation of illegal gains and fines.

2. Civil liability. Order them to stop the infringement, eliminate the impact, publicly apologize, and compensate for losses. Computer.

If a party to a software copyright license contract or transfer contract fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall be liable for breach of contract. If the software owner does not know or has no reasonable basis to know that the software is an infringing work, the infringement liability shall be borne by the provider of the software.

3. Criminal liability. Where the staff of the software registration management body violates the relevant provisions, and the circumstances are serious and constitute a crime, the judicial organs shall pursue criminal responsibility.