1. How to identify copyright infringement Copyright is also copyright. According to the characteristics of copyright protection, the identification of copyright infringement can be divided into the following steps: 1. Analysis of the plaintiff’s works According to the provisions of our country’s laws, copyright The creation of works adopts the principle of automatic protection, that is, once the creation of the work is completed, the copyright is generated. Therefore, unlike the determination of other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the issue of the validity of rights. A work with valid copyright must meet the following conditions: it belongs to the scope of works protected by copyright law; it is original; and it can be copied in some tangible form. As long as any of the conditions are not met, the plaintiff's works are not protected by copyright law. Thus, the defendant certainly did not infringe the rights. If the plaintiff's work meets both of the above conditions, the work is protected by copyright law. 2. Analysis of the allegedly infringing work and the defendant's use of it. To analyze the allegedly infringing work, the following two standards can be applied: one is "access", that is, the opportunity to come into contact with the previous work; the other is "substantial similarity", that is, Parts that are subject to copyright protection are substantially similar. Among them, the latter is the focus of identification. When determining whether the plaintiff's and defendant's works are "substantially similar", the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work to determine whether the two are substantially similar. In my country’s judicial practice, the People’s Court has also had successful cases in determining whether there is substantial similarity between the works of the plaintiff and the defendant. For example, in the case of an infringement dispute over the book "The Second Half of the Last Emperor", the Xicheng District People's Court of Beijing determined that the defendant did not infringe the copyright by affirming the originality of the defendant's work, that is, denying the substantial similarity between the defendant's work and the plaintiff's work. If the defendant's behavior is the use of works, then the defendant's use method needs to be analyzed. Relevant intellectual property laws provide different meanings to "mode of use". For example, in the patent law, it refers to "implementation", that is, applying a certain 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, printing Make one or more copies of the work by making copies, etc. When a certain object (such as a work of applied art or a design) is protected from different angles by patent law and copyright law, special attention should be paid to distinguishing between two different ways of use: "implementation" and "copying". constitute different types of infringement. As for "copying", the most common way of using works, according to the provisions of Article 52, Paragraph 2, of my country's Copyright Law, construction and production of industrial products in accordance with engineering design, product design drawings and their instructions do not fall under the copyright law. refers to "copying". It can be seen that in our country, reproducing a two-dimensional work in a three-dimensional form does not constitute infringement of the two-dimensional work. 2. How to determine compensation for copyright infringement. Compensation 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 detailed provisions on how to calculate losses caused by infringement of copyright and copyright-related rights and interests: (1) The actual loss of the right holder can be calculated based on the reduction in the distribution of copies caused by the infringement or the product of the sales volume of the infringing copies and the profit per unit of the right holder's issuance of the copies. If it is difficult to determine the reduction in distribution, it shall be determined based on the market sales volume of infringing copies. If the actual losses or illegal gains of the right holder cannot be determined, the people's court shall determine the amount of compensation based on the request of the parties or ex officio. When determining the amount of compensation, the People's Court shall comprehensively consider the type of work, reasonable royalties, nature of the infringement, consequences and other circumstances. (2) The reasonable expenses incurred by the right holder or its authorized agent to investigate and collect evidence on the infringement, including attorney fees, are included in the scope of compensation.