1. How to identify copyright as copyright infringement? According to the characteristics of copyright protection, the determination of copyright infringement can be divided into the following steps: 1. Analysis of Plaintiff's Works According to the law of our country, the copyright is generated by the principle of automatic protection, 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 meet the following conditions at the same time: it belongs to the scope of works protected by copyright law; Be original; Can be reproduced in some tangible form. As long as any condition is not met, the plaintiff's work is not protected by copyright law. In this way, of course, the defendant did not infringe. If the plaintiff's work meets the above conditions at the same time, the work enjoys the protection of copyright law. 2. Analysis of the accused infringing works and the defendant's use mode The following two criteria can be applied to the analysis of the accused infringing works: First, "contact", that is, the opportunity to contact the last 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 identification. When determining whether the original and defendant's works are "substantially similar", the copyright-protected part of the plaintiff's works should be compared with the corresponding part of the defendant's works to determine whether they are substantially similar. In China's judicial practice, people's courts have also had successful cases in judging whether the original and defendant's works are substantially similar. For example, the People's Court of Xicheng District of Beijing affirmed the originality of the defendant's works in the case of infringement dispute over the book The Last Emperor's Later Life, that is, denied the substantial similarity between the defendant's works and the plaintiff's works, thus judging that the defendant did not infringe. If the defendant's behavior belongs to the use of works, then it is necessary to analyze the way the defendant uses it. The relevant intellectual property laws stipulate different meanings of "use mode". For example, the "implementation" mentioned in the patent law means applying for a patent to the industry, manufacturing the same product according to the instructions or using the same method; In contrast, in the Copyright Law, it refers to "copying", that is, making one or more copies of a work by printing or copying. When an object (such as a practical work of art or a design work) is protected from different angles by the patent law and the copyright law, special attention should be paid to distinguishing between "implementation" and "reproduction", which constitute different types of infringement. As for "copying", the most common way to use works, according to the second paragraph of Article 52 of China's Copyright Law, the construction and production of industrial products based on engineering design, product design drawings and their descriptions does not belong to "copying" as referred to in the Copyright Law. Therefore, in our country, copying plane works in three-dimensional form does not constitute infringement of plane works. Second, how to determine the compensation for copyright infringement is a powerful measure to protect the legitimate interests of copyright owners and stop illegal infringement. The judicial interpretation of the Supreme People's Court has made detailed provisions on how to calculate the losses caused by copyright infringement and copyright-related rights and interests: (1) The actual losses of the obligee can be calculated according to the reduction of the distribution of copies caused by infringement or the product of the sales volume of infringing copies and the profits of the obligee in distributing copies. If it is difficult to determine the reduction of the distribution quantity, it shall be determined according to the market sales volume of infringing copies. If the actual loss or illegal income of the obligee cannot be determined, the people's court shall determine the amount of compensation at the request of the parties or ex officio. When determining the amount of compensation, the people's court shall comprehensively consider the types of works, reasonable royalties, the nature and consequences of the infringement and other factors. (2) The reasonable expenses, including attorney's fees, incurred by the obligee or entrusted agent in investigating and obtaining evidence of infringement shall be included in the scope of compensation.