1, the fact of infringement is that the actor uses the copyright owner's works, performances, audio-visual products and 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 of the infringer's infringement 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.
Legal basis:
Provisions of the Supreme People's Court on the Applicable Law in the Trial of Patent Dispute Cases
Article 23 The limitation of action for patent infringement shall be two years, counting from the date when the patentee or interested party knows or should know about the infringement. If the obligee has sued for more than two years, and the infringement is still going on at the time of prosecution, the people's court shall order the defendant to stop the infringement within the validity period of the patent right, and the amount of infringement damages shall be calculated within two years from the date when the obligee files a lawsuit with the people's court.