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How to determine copyright violation

How to determine copyright violation

2024-12-23 19:52
1 answer

The following conditions must be met to determine the existence of a copyright violation: first, the act of copyright violation involves a work protected by the copyright law; second, the act of copyright violation violates the rights protected by the copyright law; third, the person who has violated the copyright has access to the right holder's work, and the work that is suspected of being violated is the same or substantially similar to the right holder's work; and finally, the right holder has filed a lawsuit within the limitation period. In addition, the main basis for determining the online copyright violation was whether the perpetrator had used it for commercial purposes without the authorization of the copyright owner or the right holder. As long as there was an unauthorized commercial use, it would constitute an online copyright violation.

The Little Ancestor Teaches You How To Live

The Little Ancestor Teaches You How To Live

The ancient Divine Beast Susu descended to endure trials and became the youngest daughter of the Qin Family, who were nearing eighty years old; young in age but high in seniority, even the men in their twenties had to call her auntie. Susu was also the only girl in three generations of the Qin Family, cherished by her parents, doted on by her brothers, and her nephews would fight over holding their auntie and protecting her. Protect her? Susu said she didn't need it, for she was a mighty and ferocious Divine Beast! With her around, no one would dare to bully the Qin Family members! Those who bullied her family got sent flying; those who coveted their fortune got sent flying; those who tried to kidnap her got sent flying. The kidnappers who captured Susu were frightened by her and willingly handed over their cell phones for her to call the police. "How do I unlock the cell phone?" Susu asked. "It requires fingerprint unlocking, you can use my finger," explained the kidnapper. "How do I use your finger? Chop it off?" Susu asked again. "No! No need to chop, it can be used while still attached to my hand!" the kidnapper wailed. Chop off a finger! What kind of thought process was that? Way too scary! Ever since the lucky-buff-carrying Susu had come to their home, the family's luck had improved, their business prospered more each day, and the previously naughty young masters had become much better behaved, truly a little lucky star. It was just that boy from the neighbor's house, who kept thinking about kidnapping Little Susu, causing the Qin Family men quite a bit of concern. Maybe they should just break his leg again?
General
1173 Chs

How much is the compensation for copyright violation?

The amount of compensation depends on many factors, such as the nature of the copyright violation, the profits of the offender, the losses of the victim, and the legal provisions. Under normal circumstances, the amount of compensation for copyright violation shall be the economic benefits obtained by the offender due to the violation, but it shall not exceed the actual losses obtained by the victim. According to the copyright law of the People's Republic of China, the amount of compensation for copyright violation is the economic benefits obtained by the offender due to the violation. However, the situation of the offender's profit needs to consider a number of factors, such as the business scope of the offender, the reputation of the offender, etc. At the same time, the victim's loss also needed to be considered, such as the economic cost of the loss, the cost of time, the cost of rights protection, and so on. The specific amount of compensation needed to be determined according to the specific situation. If the act of copyright violation is established, the victim can file a lawsuit to the court and ask the copyright violator to bear the obligation of compensation.

1 answer
2024-09-19 04:47

How is it considered as copyright violation in a novel?

Infringements in novels usually involved legal issues such as copyright and intellectual property rights. The following are some of the acts that may constitute an intellectual property right: 1. Plundering: Directly copying other people's works, storylines, character settings, etc. in a novel or using other people's storylines, character settings, etc. as elements of one's own novel. 2. Adaption: To adapt someone else's work, storyline, character setting, etc. into one's own novel or to use someone else's work, storyline, character setting, etc. in one's own novel. 3. False propaganda: Making up characters in the novel, exaggerating their characteristics, or false propaganda to mislead the readers. 4. Infringing on the portrait rights of others: Using other people's portraits or fictional characters in novels. 5. Infringing on the reputation of others: slandering the reputation of others in the novel, making up false statements of others, etc. 6. Invasion of other people's privacy: fabricate other people's personal information, family situation, etc. in the novel or disclose other people's personal information. 7. Infringing on the copyright of others: Using other people's words, pictures, audio, video, and other works in the novel or making up the identity of other people's copyright owner, author, etc. It should be noted that the above are only some of the acts that may constitute an invasion. The specific circumstances of the invasion still need to be judged according to the specific circumstances. When writing a novel, one should strictly abide by the relevant laws and regulations to avoid copyright infringement.

1 answer
2024-09-09 22:21

Online exposure of "The Hidden Corner" suspected of copyright violation, how did the drama involve copyright violation?

As far as I know, The Hidden Corner has not publicly disclosed the details of the suspected copyright violation. However, generally speaking, any TV series or movie may involve copyright issues because the production company needs to obtain the permission of the original author to use their creativity and content. If 'The Hidden Corner' was indeed accused of violating the copyright of other works, it might be because it used some material from other works or it had similarities with other works in terms of plot, characters, etc. However, we need to wait until the truth of the case surfaced before we can understand the specific situation.

1 answer
2024-09-13 12:39

How to calculate the copyright protection period and how to determine the ownership of the copyright

The term of copyright protection was calculated from the date the author created the work, usually 50 years. However, the protection period may be longer or shorter according to the laws of different countries. For example, China's "copyright law" stipulated that the term of copyright protection was 50 years from the date of creation of the work. There were many factors to consider when determining the ownership of the copyright, such as the type of work, the place of creation, the time of publication, and the method of publication. Under normal circumstances, the ownership of the copyright is voluntary. The author can choose to transfer all or part of the copyright to others or choose to retain the copyright to himself. When transferring or retaining copyrights, the necessary registration and announcement must be made in accordance with the law. For example, in China, authors could transfer their copyrights to others, but they had to register with the relevant agencies and abide by the relevant regulations. If the copyright was left to him, he would need to maintain and manage it himself. The copyright was an intellectual property right of the author. For the author, he could obtain legal protection for his own creation.

1 answer
2024-09-18 16:32

How long is the copyright protection period? How to determine the duration of copyright protection?

The copyright protection period was 20 years from the day the author created the work. However, according to the third paragraph of article 21 of the copyright law, the copyright owner can claim rights at the same time, that is, he can exercise the copyright or neighboring rights at the same time. The duration of copyright protection was determined according to the specific circumstances of the work. According to the copyright law, the term of copyright protection for film works and works created by similar methods shall be calculated from the date of creation; music, drama, opera, folk art and other performance works shall be calculated from the date of performance. For literary works, according to the provisions of the first paragraph of article 10 of the copyright law, copyright includes all the rights stipulated by the copyright law and the copyright sharing law, including the right to publish, the right to sign, the right to modify, the right to protect the integrity of the work, the right to translate, the right to compile, the right to adapt, etc. Therefore, the duration of protection needed to be determined according to the specific circumstances of the work.

1 answer
2024-09-18 16:38

Is online literature a violation of copyright?

Online literature involved copyright issues, so the creation and distribution of online literature needed to abide by copyright law. If the online literary works were copied, distributed, disseminated or adapted without authorization, it would constitute an copyright violation. However, not all online literature works constituted copyright. Some online literature platforms would manage the copyright of online literature works uploaded by their users and adapt, distribute, or spread them after the copyright expired. In this case, the content uploaded by the users of these platforms, which were regarded as the legal owners of copyright, was also considered legal. Other online literature works were inspired by existing works, so if these works quoted, borrowed, or adapted existing works, they needed to comply with relevant copyright laws. Online literature involves copyright issues, so when creating and spreading online literature, you need to abide by copyright laws to avoid copyright infringement.

1 answer
2024-09-06 15:25

Was plagiarism considered a copyright violation?

Plundering another person's work is usually seen as a violation of copyright. The copyright refers to the rights that the author has over his work, including property rights and personal rights. Among them, property rights included copyrights, trademark rights, patent rights, and trade secret rights. If you plagiarize or plagiarize someone else's work, even if you don't get the original author's explicit permission, it will still constitute an act of copyright violation. This kind of behavior would cause the original author's property rights to be violated, and it might also cause damage to his personal dignity. In literary works, plagiarism and plagiarism were more common acts of copyright violation because the creation of literary works was more difficult and often required a long time of accumulation and thinking. Therefore, everyone should respect the intellectual property rights of others and avoid plagiarism and plagiarism.

1 answer
2024-09-15 18:59

Was plagiarism a crime of copyright violation?

Plundering copyright usually constituted a crime of copyright violation. The copyrights of novels, movies, music, and other works belong to the creators. The creators have the right to enjoy the copyrights of their works and legally use their works by selling, renting, transferring, and so on. If you plagiarize someone else's copyright without authorization, it will be considered as a crime of copyright violation. In many countries, plagiarism is a crime and is punished by law. For example, plagiarism in the United States could be protected by federal copyright laws and face penalties such as fine and imprisonment. In the UK, plagiarism may result in criminal charges or civil responsibility, depending on the circumstances and evidence of plagiarism. Therefore, in order to protect the intellectual property rights of the creators and avoid the occurrence of copyright infringement, we should respect the original works and avoid plagiarism.

1 answer
2024-09-15 19:09

Is Doujinshi considered an copyright violation?

Doujinshi referred to a second creation based on the original work, which usually included some elements related to the original work. There had always been a debate about whether doujinshi was considered an intellectual property right. On the one hand, some legal experts believed that doujinshi was based on the original work, and the creative ideas and content were consistent with the original work, so there was no problem of copyright violation. In addition, they believed that the creators and readers of doujinshi were both inheriting and developing the original work, so there was no copyright dispute. On the other hand, some legal experts believe that doujinshi actually violates the copyright of the original work because the content and ideas of doujinshi are different from the original work, but they are creative adaptation and re-creation. They believed that the copyright of the original work should be protected, and any unauthorized re-creation should be regarded as an copyright violation. Therefore, whether or not a doujinshi was considered an copyright violation depended on the specific circumstances. If the content of the doujinshi is similar to the original work and it is not authorized by the original work, it may be considered as copyright violation. However, if the content of the doujinshi is different from the original work and the original work is authorized, then it will not be regarded as copyright violation. When creating doujinshi, it is recommended to carefully consider whether you have violated the copyright of the original work and comply with relevant laws and regulations.

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2024-09-12 12:12

Is continuation an act of copyright violation?

Sequences to novels were usually considered as an act of copyright violation, especially when the content of the continuation was directly related to the original work. For example, he could copy the plot, characters, and locations of the original work directly into his own work or add his own imagination and creation on the basis of the original work. Continuing to write a novel may violate the copyright of the original work, so you need to obtain permission from the copyright owner. Without permission, the act of continuing to write a novel was an act of copyright violation. In addition, a continuation of a novel may also be considered plagiarism because the content of the continuation may directly copy or draw on some elements or plots of the original work. This kind of behavior also violated the relevant provisions of the copyright law and required the corresponding legal responsibility. Therefore, if one wanted to continue writing a novel, it was best to understand the relevant laws and regulations and ensure that their actions were legal.

1 answer
2024-09-11 03:00
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