Infringement of copyright is determined according to the following criteria: 1, the fact of infringement. That is, without the permission of the copyright owner, the actor uses the copyright owner's works, performances, audio-visual products and radio and television programs 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. 2. This 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. Article 217 of the Criminal Law of People's Republic of China (PRC) * * * commits one of the following acts of infringing copyright or copyright-related rights for the purpose of making profits. If the illegal income is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined: (1) Copying and distributing his written works, music, art, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public through the information network without the permission of the copyright owner; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer; (4) Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks; (five) the production and sale of counterfeit works of art; (6) Technical measures taken to intentionally avoid or destroy the copyright to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Without the permission of the copyright owner or the copyright-related obligee.

Legal objectivity:

Article 11 of the Copyright Law of People's Republic of China (PRC) stipulates: "Copyright belongs to the author, except as otherwise provided by this Law." This article stipulates: 1. The citizen who creates a work is the author; Two, presided over by a legal person or other organization, created on behalf of a legal person or other organization, and the legal person or other organization is responsible for the work, the legal person or other organization shall be regarded as the author; Three, if there is no proof to the contrary, the citizen, legal person or other organization that signed the work is the author. Special provisions on copyright ownership: 1. The copyright of a work resulting from the adaptation, translation, annotation and arrangement of an existing work belongs to the person who adapted, translated, annotated and arranged the work; Two, two people * * * jointly created works, copyright belongs to the co creator * * *; 3. If a cooperative work can be used alone, the author shall enjoy the copyright of the part he created; Four, the copyright of the assembly work shall be enjoyed by the assembler; 5. The copyright of cinematographic works and works created by similar cinematographic methods shall be enjoyed by the producers; 6. Authors of works that can be used independently, such as scripts and music, in cinematographic works and works created by methods similar to cinematography, can exercise their copyright independently; Seven, in addition to the legal person or other people, the copyright of the work belongs to the author; Job works refer to works created by citizens to complete the tasks of legal persons or other organizations, and the copyrights that should be enjoyed by legal persons and other organizations refer to: "1, engineering design drawings, product design drawings, maps, computer software, etc.". Created mainly by using the material and technical conditions of legal persons or other organizations, and undertaken by legal persons or other organizations; 2. Copyright shall be enjoyed by legal persons or other organizations according to laws, administrative regulations or contracts; Eight, commissioned works, the copyright agreed by the client and the trustee in the contract; Nine, the transfer of ownership of the original works of art, the copyright still belongs to the author; Ten, copyright belongs to citizens, after the death of citizens, their right to publish, use, remuneration in accordance with the provisions of the law of succession during the protection period transferred to the heir to enjoy; 1 1. Copyright belongs to legal persons and other organizations. If a legal person or other organization is changed or terminated, its right to publish, use and remuneration in copyright shall be transferred to the legal person or other organization that undertakes its rights and obligations according to law within the legal protection period, and the legal person or other organization that does not undertake its rights and obligations shall be enjoyed by the state.