Traditional Culture Encyclopedia - Photography and portraiture - Is forwarding public service advertisements infringing?
Is forwarding public service advertisements infringing?
First, is it infringement to forward video advertisements?
If it is for profit, then it is illegal and infringing to reprint other people's works with the consent of the copyright owner or pay the fee. If the other party holds you accountable, you will have to make financial compensation. Of course, if it is only for personal use or study, the general reprinting is legal.
Second, what are the acts of copyright infringement?
(1) The fact of infringement is that the actor uses the copyright owner's works, performances, audio-visual products, radio and television programs without the permission of the copyright owner and in accordance with the conditions of use stipulated in the Copyright Law. Copyright infringement, without the consent of the author and other copyright owners, is not a case of fair use and legal use, but an unauthorized use of the work, so it is a violation of copyright law. This kind of infringement may damage the personal rights and property rights of other people's works at the same time. For example, illegally copying other people's works may only infringe on the property rights of other people's works, while counterfeiting other people's works often infringes on the personal rights and property rights of other people's works at the same time.
(2) the behavior is illegal. Copyright is an absolute right, and everyone has the obligation of inaction that cannot infringe this right. Others must abide by the relevant provisions of the copyright law and other laws when using copyrighted works. If the actor violates the law, his behavior is illegal. As for works that are not protected by China's copyright law, works that fail to obtain copyright, or "works" that have entered the public domain, there is no infringement problem when others use them.
(3) The actor is subjectively at fault. The so-called fault refers to the mental state held by the infringer on his own tort and its consequences, including intentional and negligent forms. Most acts of copyright infringement are intentional; There are also a few that can be constituted by intention or negligence. Distinguishing the forms of fault is of certain significance for determining the legal responsibility of the infringer. Generally speaking, the legal liability of intentional infringement is heavier than that of negligent infringement.
3. What does copyright include?
(1) individual rights
The personal right of a work refers to the author's right to gain reputation, prestige and maintain the integrity of the work by creating a work that expresses his personal style. This right is enjoyed by the author for life and cannot be transferred, deprived or restricted. After the author dies, he is generally protected by his heirs or legal institutions. According to the provisions of China's copyright law, the personal rights of works include:
1. The right to publish, that is, the right to decide whether a work is published publicly;
2. The right of authorship, that is, the right to show 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 the work;
4. The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering.
Also known as the spiritual right of works, it refers to the right of the author to his works that is related to the person or inseparable from direct property content. Features are as follows:
1. The personal rights of the whole work are not transferable;
2. Inalienability;
3. The inheritability of individual rights (such as the right of publication);
4. Permanence of personal rights of works.
(2) Property rights
The property right of works is the author's right to use his own works and be used by others, with material interests as its content. The contents of the property rights of works specifically include:
1. Reproduction right, that is, the right to make one or more copies of a work by printing, copying, rubbing, audio recording, video recording, copying or remaking;
2. The right of distribution, that is, the right to provide the original or copy of the work to the public by way of sale or gift;
3. The right to rent, that is, the right to temporarily license others to use film works, works created by methods similar to filming, and computer software, except that computer software is not the main object of rent;
4. The right to exhibit, that is, the right to publicly display the originals or copies of artistic works and photographic works;
5. The right to perform, that is, the right to publicly perform a work and publicly broadcast the performance of the work in various ways;
6. The right to show, that is, the right to publicly copy the art, photography, movies and works created by technical equipment such as projectors and slide projectors in a way similar to filming;
7. The right to broadcast, that is, the right to broadcast or disseminate works in public by wireless means, broadcast works to the public by wired or rebroadcast means, and broadcast works to the public through loudspeakers or other similar tools for transmitting symbols, sounds and images;
8. The right of information network communication, that is, the right to provide works to the public by wired or wireless means, so that the public can obtain works at the time and place they choose;
9. The right to make a film, that is, the right to fix a work on a carrier by making a film or by similar means;
10. the right of adaptation, that is, the right to change a work and create a new work with originality;
1 1. Translation right, that is, the right to convert a work from one language to another;
12. the right to assemble, that is, the right to assemble a work or a piece of work into a new work through selection or arrangement;
13. and other rights that copyright owners should enjoy.
As can be seen from the above, if the video is forwarded for profit without the consent of the copyright owner, it is an infringement and should bear tort liability. The above is the knowledge about the infringement of forwarding video advertisements. If you don't know anything or have other questions, you can consult Zhaofa's lawyer.
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