The determination of video infringement mainly depends on whether the following conditions are met:
1, the infringement fact is that the actor uses the video works of the copyright owner without the permission of the copyright owner in accordance with the use conditions stipulated in the copyright law;
2. The behavior is illegal. Copyright is an absolute right, and everyone has the obligation of inaction that cannot infringe this right;
3. The actor is subjectively at fault. The so-called fault includes intentional and negligent forms.
It depends on the purpose of the remake, for example, just for personal study, research or appreciation, without infringing copyright. If it is used for profit, it will generally infringe copyright.
According to Article 23 of the Copyright Law of People's Republic of China (PRC), the protection period of the right of publication and the rights specified in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is 50 years after the author's life and his death, ending at 65438+February 3 1 day in the fiftieth year after the author's death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.
For the works of a legal person or an unincorporated organization, and the work of a post in which the copyright (except the right of signature) is enjoyed by a legal person or an unincorporated organization, the protection period of the right of publication is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the creation of the work; The term of protection of the rights specified in Item 5 to Item 17 of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it.
For audio-visual works, the protection period of the right of publication is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the creation of the works; The term of protection of the rights specified in Item 5 to Item 17 of Paragraph 1 of Article 10 of this Law is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first publication of the work. However, if the work is not published within 50 years after the creation is completed, this law will no longer protect it. Article 24. Under the following circumstances, a work may be used without permission and without payment to the copyright owner, but the name of the author and the title of the work shall be indicated, and the normal use of the work shall not be affected, and the legitimate rights and interests of the copyright owner shall not be unreasonably harmed:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;
(seven) the use of published works by state organs within the reasonable scope of performing official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free, without charging fees to the public, without paying remuneration to the performers, and not for profit;
(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;
(eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China;
(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;
(thirteen) other circumstances stipulated by laws and administrative regulations.
The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.