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Identification method of infringement of online novels
legal subjectivity:

1. What evidence should be collected for infringement protection of online novels (1) Ownership evidence Ownership evidence includes manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, etc. provided by the parties. Ownership evidence is the first step in the preparation of prosecution, and the parties concerned should be fully prepared to ensure that the chain is complete and the evidence is sufficient, otherwise the prosecution may be rejected. (II) Infringement evidence Infringement evidence is the evidence used to prove that the alleged infringing works have infringed their rights. "Contact plus substantial similarity" is a rule that the accused infringing work is copied or originated from the copyrighted work and the defendant constitutes copyright infringement. (3) Evidence of compensation The evidence of compensation includes the actual loss of the obligee or the evidence of the infringer's illegal income and the evidence of reasonable expenditure. It mainly includes the reasonable expenses, attorney fees and so on for the obligee or entrusted agent to investigate and collect evidence of infringement. Second, why is the infringement of online novels serious? Because of the characteristics of literary works, there are indeed some difficulties in defining "plagiarism": "plagiarism" usually refers to the unauthorized use of other people's works or plagiarism of other people's works, but how and to what extent is it considered infringement? The Copyright Law does not list specific indicators, and generally depends on the court to define them according to the specific circumstances of each case. For example, if the work only writes the same plot and the written expression is original, it usually does not constitute infringement. However, if the plot is similar as a whole, even if the text is written by itself, it may still constitute infringement. Therefore, because literary works do not protect ideas but only this characteristic of expression, there is a certain subjective space in the determination of infringement. Third, how to protect the copyright of online novels? (1) Actively using criminal means In order to protect intellectual property rights, China not only stipulates the civil liability for infringement of intellectual property rights, but also stipulates that infringement of intellectual property rights will constitute a crime under certain circumstances. Nowadays, many websites put their domain names and servers abroad for the convenience of infringement. If the civil liabilities of these websites are directly investigated, such as stopping the infringement or compensating for losses, the infringer is often not found when the civil proceedings are initiated. However, these infringers are indeed in China, and they control websites and earn income in China. According to the provisions of the Criminal Procedure Law and other laws, this crime is committed in China, and the judicial organs in China have jurisdiction. The judicial organs have more professional and stronger detection means than ordinary people, which makes it easier to find out the facts of the case and control the infringer (criminal suspect). After the criminal responsibility of the infringer is investigated by the judicial organs, the civil responsibility can be investigated, which can be the first way for the right holder to consider. (2) authorizing or transferring the network communication right in copyright to the literary novel website, and the literary website will safeguard the rights. Compared with individuals, literary websites will be more powerful as companies. Infringement will directly affect the income of websites, and literary websites also have enough motivation to protect their rights. Nowadays, large-scale literary websites generally have employees who are in charge of intellectual property rights, and they have more professional knowledge than authors. (three) the way of collective entrustment. Collective entrustment, that is, several obligees entrust a law firm or a lawyer to defend their rights. The main obstacles for rights holders to defend their rights are lack of professional knowledge and skills and limited time. They could have entrusted lawyers to defend their rights. But now the income of online writers in China is not high, and the attorney fees of intellectual property lawyers are generally expensive. If a single writer entrusts a lawyer, the burden is often heavy. Several or a dozen or dozens of online writers can unite to entrust a law firm or a lawyer to defend their rights. In this case, online writers can reduce costs, and lawyers can also solve problems such as work expenses. (four) timely transformation of intellectual property achievements. In general, the name of a novel does not enjoy a separate copyright because it is not original. Online novels and online games are very tolerant of each other in terms of user groups, and the fame gained by online novels is easy to be borrowed by online games. The superposition of some situations may constitute unfair competition, but if the author or obligee wants to better protect his rights, it is best to transform the intellectual property achievements as soon as possible. The copyright owner should register the title of the book as the trademark of online game goods or services in time, so as to prevent others from using this name to develop game works, and lay a good foundation for the right owner to develop the game works of the same name in the next step. Therefore, in order to prevent others from hitchhiking, it is very important to transform the intellectual property achievements related to trademarks and copyrights developed from online works in time. In China, the authors of related online novels found that their novels were infringed. It is necessary to collect the actual evidence of relevant infringers and legally protect the legitimate rights and interests of the authors of relevant online works in China. The relevant administrative departments of our country try such people according to the relevant evidence of the case, and safeguard the legal fairness of our country. Legal objectivity:

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. For all kinds of infringement in reality, we can know that there are the following types: 1. Spreading online works through traditional media without permission. This kind of infringement is the most common, and it is also a field where infringement is more serious and rampant. Usually, it refers to that the infringer spreads the whole or a large part of the online works through the traditional media without the permission of the copyright of the online works, such as downloading academic papers and blog articles on the internet, sorting them out a little or mixing them together and publishing them in publications, newspapers and other media. 2. Spreading published works in traditional media through online media without permission. This way of infringement and the previous way of infringement show a reverse process in order. That is, network communicators spread works that have been published in traditional media through online media without the consent and permission of the copyright owner. With the development and popularization of network technology, especially the rapidity of network communication, the value of online media in spreading commercial information has been paid unprecedented attention and promoted, and some people with ulterior motives have used this feature to achieve the purpose of spreading illegal information, such as online advertising, online marketing, e-commerce and so on. As a result, this kind of infringement has become a rapidly rising and widely used infringement method in recent years, which infringes on the copyright of traditional works. 3. Reprint and disseminate other people's online works through online media without permission. Some scholars also call it copyright infringement of web works. The quality of web design and the overall layout, art design and color matching of the website are very important for major commercial websites. A well-made web page will quickly increase the visit rate of the website, and then enhance the popularity of the website, bringing more advertising revenue. It requires a lot of time, money and energy, and it is more innovative and thoughtful for designers. So are other online works, such as online music and online electronic works. Due to the lack of awareness of the right to protect intellectual property rights or other reasons, the right holders' online works are often reprinted by others without authorization. Even if they make a claim that they are not allowed to reprint, due to the difficulties in safeguarding the rights of online copyright and the proliferation of online infringement, the rights and interests of the right holders of online works cannot be effectively guaranteed. On December 7th, 26, the Supreme People's Court promulgated the revised Interpretation on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes, which stipulated that a work that has been published in newspapers or spread on the Internet should not be reproduced or excerpted by the website, except that the copyright owner or the network service provider who uploaded the work declared that it was entrusted by the copyright owner, and paid remuneration and indicated the source according to the relevant regulations, which did not constitute infringement. 4. Invisible infringement of network links. Network link is a kind of network technology, which can edit text files containing markup instructions by using HTML, and establish links between two different documents or different parts of the same document, so that visitors can access and browse linked files or web pages through links, which greatly facilitates the switching between different websites and web pages, and enables us to navigate the vast amount of Internet information conveniently. It is known as a navigation tool and signpost on the Internet. Therefore, links are called "the most basic and revolutionary feature of the Internet" and "the greatest revolution of the Internet". In front of us, we have analyzed the concealment of link infringement. On commercial websites, such links can often cause infringement.