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Civil liability: 1. Cease the infringement; 2. Eliminate the impact; 3. Apologize; 4. Compensation for losses, etc. (Initiation method:
The infringed party shall file a lawsuit with the people's court with jurisdiction) Administrative liability: 1. Order to stop the infringement; 2. Confiscation of lawless income; 3. Confiscation and destruction of infringing copies; 4. Fines; 5. Where the circumstances are serious, materials, tools, equipment, etc., mainly used to make infringing reproductions may also be confiscated. (Initiation method:
Criminal responsibility: According to Article 217 of the Criminal Law of the People's Republic of China, where there is any of the following copyright infringement situations for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three 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 three and seven years imprisonment and a concurrent fine is to be given: (1) reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books for which others have 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.
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In accordance with the provisions of the Copyright Law of the People's Republic of China(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 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;
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; where the public interest is harmed at the same time, the administrative copyright management department may order the infringement to be stopped, confiscate unlawful gains, confiscate or destroy the infringing copies, and may impose a fine; where the circumstances are serious, the administrative copyright management departments may also confiscate materials, tools, equipment, and so forth that are primarily used to make infringing copies; where a crime is constituted, criminal responsibility is pursued in accordance with law
1) Without the permission of the copyright owner, reproduction, distribution, performance, screening, broadcasting, compilation, or dissemination of their works to the public through information networks, except as otherwise provided by this Law;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the performer's permission, reproducing or distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided in this Law;
4) Without the permission of the producers of audio or video recordings, reproduction, distribution, or dissemination of audio or video recordings produced by them to the public through information networks, except as otherwise provided in this Law;
6) Without the permission of the copyright owner or copyright-related rights holder, intentionally avoiding or undermining the technical measures taken by the rights holder to protect copyright or copyright-related rights for their works, audio or video recordings, and so forth, except as otherwise provided by laws and administrative regulations;
7) Intentionally deleting or altering electronic information on rights management such as works, audio or video recordings, etc., without the permission of the copyright owner or copyright-related rights holders, except as otherwise provided by laws and administrative regulations;
8) Producing or counterfeiting works signed by others.
More detailed information could be provided.
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According to the relevant provisions of China's laws, unauthorized permission to ** copyrighted works is an act of infringing the copyright of others. Therefore, copyright infringement is an illegal act, and the violator should bear the corresponding legal responsibility. The specific responsibilities are as follows:
1. If the perpetrator infringes the copyright or infringes on the rights related to the copyright, the infringer shall compensate according to the actual losses of the right holder. If the actual loss is difficult to calculate, compensation may be given according to the infringer's illegal gains;
2. If the actual losses of the infringer cannot be determined, the people's court may, according to the circumstances of the infringement, sentence the victim to a compensation amount of less than 500,000 yuan;
3. Acts of infringing on the copyrights of others shall be punished and warned. Based on the specific circumstances, the infringer may be required to bear civil liability such as stopping the violation, eliminating the impact, making a formal apology, and compensating for losses.
1) Intentionally deleting or altering rights management information on works, layout designs, performances, audio or video recordings, or radio or television, except where it cannot be avoided due to technical reasons;
2) Knowing or should know that works, layout designs, performances, audio or video recordings have been greatly stirred, or that rights management information on radio or television has been deleted or altered without permission, and still provide it to the public.
(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 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 exhibiting or filming audiovisual works, 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) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;
Without the permission of the publisher, use the layout design of the books and periodicals published by the publisher;
10) Without the performer's permission, cong huai from the live broadcast or public transmission of their live performance, or recording their performance;
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According to the relevant laws and regulations, if the perpetrator commits an act of copyright infringement without the permission of the copyright owner, he shall bear civil liability such as stopping the infringement and compensating for losses according to the extent of the act. In addition, they should also bear the corresponding administrative penalties. If a crime is constituted, criminal responsibility shall also be pursued.
Legal basis: Copyright Law of the People's Republic of China Article 52 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 the losses incurred shall be borne according to the circumstances: (11) Other acts that infringe on copyright and copyright-related rights and interests.
Article 53: Where any of the following tortious acts are committed, the civil liability provided for in article 52 of this Law shall be borne on the basis of the circumstances; Where the infringing act simultaneously harms the public interest, the department in charge of copyright shall order the infringing act to be stopped, give a warning, confiscate unlawful gains, confiscate and harmlessly destroy the infringing reproductions, as well as the materials, tools, equipment, and so forth that are mainly used to make infringing reproductions, and where the illegal business turnover is more than 50,000 yuan, a fine of between 1 and 5 times the illegal business turnover may be imposed concurrently; Where there is no illegal business revenue, the illegal business revenue is difficult to calculate, or is less than 50,000 RMB, a concurrent fine of up to 250,000 RMB may be given; where a crime is constituted, criminal responsibility shall be pursued in accordance with law: (8) Producing or counterfeiting works signed by others.
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1. Civil liability.
1) Stop the infringement of copyright: The primary goal imposed by the law on the infringer is to stop the infringement and prevent the further expansion of the damage consequences of the right holder. This is the primary civil liability to be borne by the infringer.
2) Eliminating the impact and apologizing for the infringer's infringement not only caused damage to the right holder, but also affected the reputation of the copyright owner, and only stopped the infringement and could not compensate the right holder for the moral losses suffered. Therefore, the infringer should take action to eliminate the adverse impact of the infringement on the right holder and apologize to the copyright owner.
3) Compensation for losses: The infringement of copyright will bring property losses to the right holder, so the infringer should compensate for it. According to Article 48 of the Copyright Law, the amount of compensation shall be determined: if the copyright or copyright-related rights are infringed, the amount of compensation shall be the actual loss of the right holder; where the actual losses are difficult to calculate, the amount of compensation shall be the infringer's unlawful gains; If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the amount of compensation is 500,000 yuan.
The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. Generally speaking, compensation for losses is directed at the infringer who is at fault, while the infringer who is not at fault can stop the infringement and does not need to compensate for the loss. However, according to the principle of fairness in civil law, if the innocent infringer obtains profits from the infringement, then he should return the profits to the copyright owner.
2. Administrative liabilityIf the copyright infringement harms the public interest, the infringer must not only bear civil liability, but also bear administrative liability. The administrative liability for infringement under the Copyright Law is mainly stipulated in Article 47 of the Copyright Law and Articles 18 and 19 of the Regulations on the Protection of the Right of Information Network Transmission. It manifests itself in the form of:
The subject of punishment is the filial piety of the copyright administrative department or the punishment facility is: order to stop the infringing act, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose fines and other administrative penalties.
3. Criminal liabilityAccording to Article 47 of the Copyright Law and Articles 18 and 19 of the Regulations on the Protection of the Right of Information Network Transmission, if the infringement of the copyright of Quezhou constitutes a crime, criminal responsibility shall be investigated in accordance with law. In other words, when the copyright infringement reaches a certain level, the infringer will bear criminal liability. To a certain extent, it seriously disrupts the order of market operation and causes serious damage to social interests.
30,000, or there are other serious circumstances, a sentence of 3 years imprisonment, or short-term detention, and/or a fine. Serious circumstances refer to: the amount of illegal business operation is 50,000; Without the permission of the copyright owner, copy and distribute its written works, **, films, television, video works, computer software and other works, and the number of reproductions is 1000; Other situations of aggravating circumstances.
Unlawful gains. 150,000, or other especially serious circumstances, sentenced to 3 years imprisonment and 7 years imprisonment, and a concurrent fine.
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Legal analysis: The legal liability for copyright infringement includes civil liability, administrative liability and criminal liability according to the infringement and the consequences of infringement. First, civil liability, including (1) cessation of infringement; (2) Eliminate the impact and apologize; (3) Compensation for damages.
Secondly, administrative responsibility.
If the copyright infringement harms the public interest, the infringer must bear not only civil liability, but also administrative liability: order to stop the infringement, confiscate illegal gains, confiscate and destroy the infringing copy, and may impose administrative penalties such as fines. If a crime is constituted, criminal liability is also incurred.
Legal basis: Article 217 of the Criminal Law of the People's Republic of China.
In any of the following circumstances where copyright or copyright-related rights are infringed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given
1) Without the permission of the copyright owner, reproducing, distributing, or disseminating to the public through information networks, their written works, fine arts, audio-visual works, computer software, and other works provided for by laws and administrative regulations;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;
4) Without the permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;
5) Producing or counterfeiting works of art signed by others;
6) Without the permission of the copyright owner or the copyright-related rights holder, the person deliberately circumvents or undermines the technical measures taken by the right holder to protect the right to trust the copyright or copyright-related rights for its works, Shenlun audio and video recordings, etc.
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