What is the standard for determining copyright infringement? The latest copyright registration process. Generally, a work automatically acquires copyright, that is, copyright, from the time of creation. However, if it is computer software, it still needs to be registered before the copyright can be obtained. In this regard, Intellectual Property will introduce to you in detail what the standards for identifying copyright infringement are? Hope the content shared can be helpful.
According to the characteristics of copyright protection, the identification of copyright infringement can be divided into the following steps:
1. Analysis of the plaintiff’s works
According to the provisions of our country’s laws It stipulates that the creation of copyright adopts the principle of automatic protection, that is, once the creation of the work is completed, the copyright is generated. Therefore, unlike the determination of other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the issue of the validity of rights. _A work with valid copyright must meet the following conditions: it belongs to the scope of works protected by copyright law; it is original; and it can be copied in some tangible form. As long as any of the conditions are not met, the plaintiff's works are not protected by copyright law. Thus, the defendant certainly did not infringe the rights. If the plaintiff's work meets the above conditions, the work enjoys copyright protection.
2. Analysis of the allegedly infringing works and the defendant's use
The following two standards can be applied to the analysis of the allegedly infringing works: First, "contact", that is, contact The second is "substantial similarity", that is, the part that should be protected by copyright is substantially similar. Among them, the latter is the focus of identification. When determining whether the plaintiff's and defendant's works are "substantially similar", the copyright-protected parts of the plaintiff's work should be compared with the corresponding parts of the defendant's work to determine whether the two are substantially similar.
In my country's judicial practice, the People's Court has also had successful cases in determining whether there is substantial similarity between the works of the plaintiff and the defendant. For example, in the case of an infringement dispute over the book "The Second Half of the Last Emperor", the Xicheng District People's Court of Beijing determined that the defendant did not infringe the copyright by affirming the originality of the defendant's work, that is, denying the substantial similarity between the defendant's work and the plaintiff's work. If the defendant's behavior is the use of works, then the defendant's use method needs to be analyzed. Relevant intellectual property laws provide different meanings to "mode of use". For example, in the patent law, it refers to "implementation", that is, applying a patent to the industry, manufacturing the same product according to the instructions or using the same method; on the contrary, in the copyright law, it refers to "copying", that is, printing Make one or more copies of the work by making copies, etc. When a certain object (such as a work of applied art or a design) is protected from different angles by patent law and copyright law, special attention should be paid to distinguishing between two different ways of use: "implementation" and "copying". constitute different types of infringement. The latest copyright (copyright) registration process 1. Fill in the application form → 2. Submit the application documents → 3. Pay the application fee → 4. The registration agency accepts the application → 5. Supplement and correct the application documents (optional procedure) → 6. Obtain the registration certificate
The above is the content of the copyright infringement identification standards and the latest copyright registration process. In practice, it is necessary to rely on evidence to fully and effectively prove that there is copyright infringement, and then the infringer can be required to bear corresponding legal liability and compensate for the damage caused. If you want to know more knowledge points, you are welcome to come to Intellectual Property for detailed consultation! Copyright Registration Process Copyright Infringement