1. The determination of copyright infringement of artistic works is as follows:

(1) Ensure the effective existence of the rights of the copyright owner of artistic works;

(2) Determine the scope of protection of the copyright owner of artistic works, including the identification of ideas and expressions, originality, whole and part;

(3) Determine the behavior of the accused infringer, including contact with the works of the obligee, identification of plagiarism and fair use;

(4) the final determination of infringement and the confirmation of tort liability, including the understanding of stopping infringement and the amount of compensation.

2. Legal basis: Article 123 of the Civil Code of People's Republic of China (PRC).

Civil subjects enjoy intellectual property rights according to law.

Intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:

(1) works;

(2) Inventions, utility models and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Business secrets;

(6) Layout design of integrated circuits;

(7) New plant varieties;

(8) Other objects prescribed by law.

Second, what should I do if the copyright of artistic works is infringed?

The acts of infringing the copyright of artistic works are as follows:

1, negotiate by yourself. If both parties can reconcile after infringement, it will not only enable the copyright owner to realize and safeguard his rights and interests quickly and effectively, but also prevent the infringer from damaging his reputation. Unwilling to negotiate or failing to do so, the parties may directly bring a civil lawsuit to the court. How to protect the rights of copyright infringement;

2. Mediation. It means that there is a wide range of mediators for both parties to settle disputes through consultation with the assistance of a third party. Both parties can choose reliable institutions or individuals such as copyright administrative authorities, people's mediation committees and lawyers to preside over mediation. However, mediation must be voluntary, and as long as one party is unwilling to mediate, it cannot be forced to mediate;

3. arbitration. Both parties may apply to an arbitration institution for arbitration according to the written arbitration agreement reached or the arbitration clause in the copyright contract. Arbitration is often limited to contract disputes, and arbitration must have a written agreement or written arbitration clause;

4. Civil litigation. After the copyright dispute occurs, both parties are unwilling to negotiate or fail to negotiate; Unwilling to reach an agreement through mediation or going back on our word after mediation; Moreover, the parties have no written arbitration agreement and there is no arbitration clause in the copyright contract; Or, although there is an arbitral award, if the people's court considers that the arbitral award is legally unenforceable, it may bring a lawsuit directly to the people's court.