Traditional Culture Encyclopedia - Photography and portraiture - Is it infringement to carry other people's videos?

Is it infringement to carry other people's videos?

Dealing with online video is an infringement.

Except in the case of fair use stipulated by law, any dissemination without the consent of the copyright owner of the work belongs to infringement. According to the relevant regulations, copyright includes the right of information network communication, that is, the right to provide works to the public by wire or wireless, so that the public can obtain works at the time and place of their choice. Copyright owners have the right to use their online works. According to the regulations, "using other people's works, you should pay remuneration but not pay remuneration" is an infringement.

Unless otherwise provided by laws and administrative regulations, the people's court considers that works, performances, audio and video products provided by network users and network service providers through the information network without permission constitute violations of the right of information network communication.

legal ground

People's Republic of China (PRC) Civil Code

Article 119 Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail. Article 119 If a network user uses a network service to commit an infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking or disconnecting the link. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users.

If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.

Copyright law of the people's Republic of China

Article 10 Copyright includes the following personal rights and property rights:

(a) the right to publish, that is, the right to decide whether the work is open;

(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) the right to modify, that is, the right to modify or authorize others to modify a work;

(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) the right of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;

(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;

(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent;

(8) The right to exhibit, that is, the right to publicly display the original or duplicate of an artistic work or photographic work;

(nine) the right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;

(10) the right to show, that is, the right to publicly copy art, photography, audio-visual works, etc. Through projectors, slide projectors and other technical equipment;

(11) The right to broadcast, that is, the right to publicly broadcast or replay a work by wired or wireless means, and the right to broadcast a work to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images, but not including the right specified in Item 12 of this paragraph;

(12) the right of information network communication, that is, the right to provide it to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice;

(thirteen) the right to shoot, that is, the right to fix the work on the carrier by shooting audio-visual works;

(14) the right of adaptation, that is, the right to change a work and create a new work with originality;

(15) the right to translation, that is, the right to convert a work from one language into another;

(16) the right of assembly, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(seventeen) other rights that should be enjoyed by the copyright owner.

The copyright owner may license others to exercise the rights specified in Items (5) to (17) of the preceding paragraph and get remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may, in accordance with the agreement or the relevant provisions of this law, transfer all or part of the rights specified in Items (5) to (17) of the first paragraph of this article and get remuneration.