The infringement judgment and distinction of the exclusive right to use copyright are as follows:
1. The act of publishing a work without the permission of the copyright owner.
2. The act of publishing a work created in cooperation with others as a work created by oneself without the permission of the co-author.
3, did not participate in the creation, in order to seek personal fame and fortune, signed the work of others.
4. The act of distorting or tampering with other people's works.
5. plagiarize other people's works.
6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided by law.
7, the use of other people's works, should pay remuneration and did not pay remuneration.
8. Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by law.
9. Use the layout design of books and periodicals published by publishers without the permission of publishers.
10. The act of transmitting or recording a live performance from a live broadcast without the permission of the performer.
1 1, other acts that infringe copyright and copyright-related rights and interests.
What are the types of copyright infringement?
1 Direct Infringement Any act of copying, publishing, distributing, adapting, translating, playing, performing, exhibiting or photographing in any way without the permission of the author or other copyright owners constitutes direct infringement of copyright. This kind of infringement is the main target of attack.
2. Indirect infringement means that the infringer's infringement is the continuation of others' infringement, which constitutes indirect infringement; Or someone must be responsible for the actions of others, and he has not directly engaged in any infringement.
3. Breach of contract infringement This kind of infringement mainly occurs in copyright transfer and copyright licensing activities. For example, the copyright transferee or licensee violates the contract and uses the copyright beyond the agreement in the transfer agreement or license agreement without authorization. This kind of behavior constitutes both breach of contract and infringement. This situation is more common in the transfer and licensing of computer software.
4. Some infringers do not copy, adapt, translate or otherwise use other people's works without the permission of the copyright owner, but partially use other people's works.
In short, as long as you use other people's works, you must contact the original author. With the consent of the original author, even if the original author agrees to use it for free, you can't use other people's works casually. Moreover, even if the other party's works are not registered, these acts will constitute copyright infringement.
Legal basis:
Copyright law of the people's Republic of China
Article 51
Without the permission of the obligee, the following acts shall not be carried out:
(1) Deliberately deleting or changing works, layout designs, performances, audio-visual products or rights management information on radio and television, unless it is unavoidable due to technical reasons;
(2) Providing the public with information on the management of works, layout designs, performances, audio-visual products or radio and television rights without permission.
Article 52
Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owner, performer or producer of audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights.