Tort refers to an illegal act that infringes on the personal property or intellectual property rights of others and should bear civil liability according to law. After the infringement, there is a specific relationship of civil rights and obligations between the infringer and the victim, that is, the victim has the right to claim compensation from the infringer.
The establishment of general tort must meet four conditions:
1, intentional and negligent;
2. The existence of illegality;
3. The occurrence of damage;
4. Causality between damage and illegal act.
An illegal act in which the actor infringes upon the person, property and other legitimate rights and interests of others due to his fault, as well as other violations in which the law specifically stipulates that he should bear civil liability.
legal ground
Copyright Law of People's Republic of China (PRC) Article 3 The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including:
(1) Written works;
(2) Oral works;
(3) Music, drama, folk art, dance and acrobatic works;
(4) Artistic and architectural works;
(5) Photographic works;
(6) Audio-visual works;
(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;
(8) Computer software;
(9) other intellectual achievements that meet the characteristics of the work. Article 5 This Law does not apply to:
(1) Laws, regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature and their official translations;
(2) Simple factual information;
(3) calendars, general digital tables, general tables and formulas. 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 of reproduction, that is, the right to make one or more copies of a work by means of printing, photocopying, rubbing, audio recording, video recording, copying, remaking and digitization;
(6) the right of distribution, that is, the right to provide the original or duplicate of a work to the public by way of sale or gift;
(seven) the right to rent, that is, the right to temporarily license others to use the original or copy of audio-visual works and computer software, except that computer software is not the main object of rent.