A natural person's published works, speeches, movies and TV plays have their own rights from the moment they are made public, and the rights will last for 50 years after the person's death! ! The company must be registered, valid for 50 years from the date of registration! ! !
Video belongs to audio-visual products stipulated by the copyright law. If it is sold for profit without the permission of the right holder, it belongs to copyright infringement. If the sales amount is large or the profit reaches 50,000, it can also constitute a crime. It's basically right.
Mainly based on the provisions of Article 47 of the Copyright Law of People's Republic of China (PRC):
In case of any of the following infringements, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses according to the circumstances; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks, unless otherwise provided for in this Law;
(4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law;
(5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law;
(six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations;
(7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations;
(eight) the production and sale of works signed by others.
Common types of infringement of others' copyright or copyright:
1. Infringement of others' publishing right is infringement of others' copyright.
According to copyright law
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 to use and the right to receive remuneration, that is, the right to use a work by means of reproduction, performance, broadcasting, exhibition, distribution, filming, adaptation, translation, annotation and editing; And the right to license others to use the work in the above way and get paid.
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) This Law is applicable to the use of a work by means of performance, broadcasting, exhibition, distribution, shooting, television or video recording, or adaptation, translation, annotation or editing without the permission of the copyright owner.
Unless otherwise specified;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
2. Infringe on the intellectual property rights of others
It refers to an act that violates the laws and regulations on intellectual property protection, illegally uses intellectual property rights without the permission of intellectual property rights holders, infringes on the state intellectual property management order and the legitimate rights and interests of intellectual property rights holders, and the amount of illegal income is large or the circumstances are serious.
content
Crimes of infringing intellectual property rights include: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, and the crime of illegally manufacturing or selling goods with illegally manufactured registered trademarks; Crime of infringing copyright and selling infringing copies; Crime of counterfeiting patents; Crime of infringing trade secrets. Intellectual property is the intellectual achievement of human creative labor, including patent right, trademark right and copyright.