How to identify copyright infringement of artistic works

In practice, the copyright infringement of artistic works can be identified as follows: first, it is recognized that the rights of the copyright owner of artistic works exist effectively; 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 the connection with the work of the right holder, the identification of plagiarism and the 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. Article 52 of the Copyright Law, anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for 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) Plagiarizing other people's works; (6) Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law; (seven) the use of another person's work, which should be paid but not paid; (8) Renting the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owner, performer or producer of audio-visual products, except as otherwise provided by this Law; (9) Using the layout design of books and periodicals published by publishers without their permission; (10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer; (eleven) other acts of infringement of copyright and copyright-related rights. Legal basis: Article 47 of the Copyright Law of People's Republic of China (PRC) and Article 35 of the Patent Law of People's Republic of China (PRC). Within three years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, conduct a substantive examination of his application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn. The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.