Traditional Culture Encyclopedia - Photography major - How to identify copyright infringement of artistic works?
How to identify copyright infringement of artistic works?
How to identify copyright infringement of artistic works? If someone infringes the copyright of an artistic work or the personal rights of the copyright owner, he can bring a lawsuit to the court. Let's learn how to identify the copyright infringement of artistic works. How to identify copyright infringement of artistic works? Cases of infringing the copyright of artistic works can be roughly divided into two categories: the first category: infringement cases can be solved directly through the identification of evidence. The second category: it is necessary to compare the works of both parties to determine whether the accused infringer has plagiarized. Next, Bian Xiao combined with the problems he encountered in judicial practice and gained experience, while studying and drawing lessons from foreign copyright protection systems, he also paid attention to China's national conditions and social values. Put forward their own methods to solve the identification of copyright infringement of artistic works. Generally speaking, it is like this: the first step is to ensure the effective existence of the rights of the copyright owner of artistic works; The second step is to determine the protection scope of the copyright owner of artistic works, including the identification of ideas and forms of expression, originality, whole and part; The third step is to determine the behavior of the accused infringer, including contact with the work of the right holder, identification of plagiarism and rational use; The fourth step is the final determination of infringement and the confirmation of tort liability, including the understanding of stopping infringement and the amount of compensation.
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