According to the characteristics of copyright protection, the determination of copyright infringement can be divided into the following steps:
1, Analysis of Plaintiff's Works
According to the law of our country, the generation of copyright adopts the principle of automatic protection, that is, once a work is created, copyright is generated. Therefore, unlike other types of intellectual property infringement such as patents and trademarks, the determination of copyright infringement also involves the validity of rights. _ A work with valid copyright must meet the following conditions at the same time: it belongs to the scope of works protected by copyright law; Be original; Can be reproduced in some tangible form. As long as any condition is not met, the plaintiff's work is not protected by copyright law. In this way, of course, the defendant did not infringe. If the plaintiff's work meets the above conditions at the same time, the work enjoys the protection of copyright law.
2. Analysis of the accused infringing works and the defendant's use.
The following two criteria can be applied to the analysis of alleged infringing works: first, "contact", that is, having the opportunity to contact the last work; The second is "substantial similarity", that is, the parts that should be protected by copyright are substantially similar. Among them, the latter is the focus of identification. When determining whether the original and defendant's works are "substantially similar", the copyright-protected part of the plaintiff's works should be compared with the corresponding part of the defendant's works to determine whether they are substantially similar.
In China's judicial practice, people's courts have also had successful cases in judging whether the original and defendant's works are substantially similar. For example, the People's Court of Xicheng District of Beijing affirmed the originality of the defendant's works in the case of infringement dispute over the book The Last Emperor's Later Life, that is, denied the substantial similarity between the defendant's works and the plaintiff's works, thus judging that the defendant did not infringe. If the defendant's behavior belongs to the use of works, then it is necessary to analyze the way the defendant uses it. The relevant intellectual property laws stipulate different meanings of "use mode". For example, the "implementation" mentioned in the patent law means applying for a patent to the industry, manufacturing the same product according to the instructions or using the same method; In contrast, in the Copyright Law, it refers to "copying", that is, making one or more copies of a work by printing or copying. When an object (such as a practical work of art or a design work) is protected from different angles by the patent law and the copyright law, special attention should be paid to distinguishing between "implementation" and "reproduction", which constitute different types of infringement.
Latest copyright registration process 1. Fill in the application form →2. Submit application documents →3. Pay the application fee →4. Registration institutions accept applications →5. Modify the application documents (non-essential procedures) →6. Obtain a registration certificate. The above are the criteria for judging copyright infringement and the latest copyright registration process. In practice, it is necessary to rely on evidence to fully and effectively prove the existence of copyright infringement, so that the infringer can be required to bear corresponding legal responsibilities and compensate for the damage caused. Want to know more knowledge points, welcome to consult in detail about intellectual property rights!
Copyright infringement in the process of copyright registration