How can I avoid copyright infringement? 250

3. How to resolve online copyright disputes.

2. Mediation: The parties may entrust a third party (copyright office, copyright protection agencies such as China Copyright Corporation, Copyright Protection Association, law firms, and natural persons, etc.) to mediate copyright disputes.

3. Arbitration: The parties may apply to the arbitration institution for arbitration according to the written arbitration agreement reached or the arbitration clause in the copyright contract.

4. Litigation: If the parties do not have a written arbitration agreement and do not enter into an arbitration clause in the copyright contract, they can directly file a lawsuit with the people's court.

According to the provisions of the Copyright Law, any unauthorized use of a copyrighted work without the permission of the copyright owner and without meeting the conditions prescribed by law is an act of copyright infringement. Due to the rapidity of network communication, often after an online copyright is infringed, it will be quickly repeated, and the corresponding damage consequences to the right holder are extremely serious, compared with the infringement of traditional copyright, the scope is wider, the damage is more huge, and the infringement will cause more serious damage in a shorter time.

1) To learn and understand the relevant laws and regulations, to be a law-abiding citizen, only with a strong sense of law, in order to avoid illegal acts at all times.

2) Respect the hard work of others, do not take shortcuts and opportunistic shortcuts, and produce, produce, and develop your own copyrighted products or works in a down-to-earth manner.

Legal basis: Copyright Law

Article 47.

Where there are any of the following infringements, civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances: (1) Publishing their works 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 fortune;

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;

The use of other people's works on ***, whether as a soundtrack for other content, or recommended to the audience to enjoy, as long as it is not authorized by the copyright owner, basically constitutes infringement, and the principle is the same as the aforementioned text works, art works, photographic works, etc., and will not be repeated here.

Font infringement is also a type of copyright infringement case that has been growing in the past two years, but this is a complex and quite controversial legal issue, which is very professional and requires a considerable length to explain. In general, when using commercial fonts that are not public, it is necessary to pay attention to whether it is licensed to be used by natural persons for free or without a license. Say to *** |If it is not a paid license, it is better to avoid it.

Avoiding can be avoided, and anything is avoided.

3. Main requirements. The subject of the crime of copyright infringement is a general subject, including both natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility, as well as units engaged in publishing and distribution activities with or without the approval of the state.

4. Subjective elements. This crime is subjectively manifested as intentional and has a profit-making purpose.

Legal basis: Article 217 of the Criminal Law of the People's Republic of China stipulates that anyone whoever, for the purpose of making profits, commits any of the following copyright infringement circumstances, and the amount of illegal gains is 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;

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.

1. The constitutive elements of a copyrighted work.

First of all, the premise for a thing to become a copyrighted work is that it is a work protected by copyright law. The works protected by China's copyright law include literary, artistic, natural, social, engineering and technical works created in the following forms:

1) Written works;

2) oral works;

3) Drama, opera, dance, and acrobatic artworks;

4) Works of fine arts and architecture;

5) Photographic works;

6) Cinematographic works and works created by methods similar to those used to make films;

7) Engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;

8) computer software;

9) Other works provided for by laws and administrative regulations.

On this basis, the copyright work must meet the following two constituent elements:

First, it should be an expression of thoughts or feelings.

Second, it should be original or original.

2. Copyright? Develop.

Copyright used to be called copyright. The original meaning of copyright was the right of copying, that is, the right of reproduction. This is due to the fact that printing was not widespread in the past, and the society at that time believed that the most important right attached to a work was the right to print and publish it.

However, with the evolution of the times and the advancement of science and technology, the variety of works has gradually increased. The world's first copyright law, the British Anna's Ordinance, began to protect the rights of authors, not just publishers. In 1791, France promulgated the Law on the Rights of Performance, which began to pay attention to the protection of the author's right to perform.

In 1793, the Author's Rights Law was promulgated, and the moral rights of authors were further emphasized.

1. Infringing on someone else's right of publication is infringing on someone else's copyright. According to Article 10 of the Copyright Law, copyright includes the following personal rights and property 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 to use and receive remuneration, that is, the right to use the work by means of reproduction, performance, exhibition, distribution, filming, television, video recording, adaptation, translation, annotation, etc.; and the right to license others to use the work in the manner described above and to receive remuneration for doing so.

Article 45: Where any of the following infringements is committed, civil liability such as stopping the infringement, eliminating the impact, publicly apologizing, and compensating for losses shall be borne on the basis of the circumstances: (1) Publishing their works 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 fortune; 4) Distorting or tampering with the works of others; (5) Without the permission of the copyright owner, the work is used by means such as performance, exhibition, distribution, filming, television, video, adaptation, translation, annotation, etc., except as otherwise provided for in this Law; (6) Using the works of others without paying remuneration in accordance with provisions; (7) Without the performer's permission, live-streaming their performance; (8) Other acts of infringing on copyright and copyright-related rights and interests. 2. Infringement of intellectual property rights of others refers to the violation of intellectual property protection laws and regulations, the illegal use of intellectual property rights without the permission of the intellectual property owner, the infringement of the state's management order of intellectual property rights and the legitimate rights and interests of intellectual property owners, and the illegal gains are relatively large or the circumstances are serious.

Article 52 of the Copyright Law of the People's Republic of China Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances: (1) Publishing their works without the permission of the copyright defender; 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 fortune; 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 exhibiting or filming an audiovisual work, or the work is used by means such as adaptation, translation, annotation, etc., except as otherwise provided for in this Law; 7) Failure to pay remuneration for the use of another person's work; (11) Other acts infringing on copyrights and copyright-related rights and interests.