1, publishing his works without the permission of the copyright owner;
2. Publishing a work created in cooperation with others as one's own work without the permission of the co-author;
3, did not participate in the creation, in order to seek personal fame and fortune, signed in other people's works;
4. distorting or tampering with other people's works;
5. Plagiarizing other people's works;
6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
7, the use of other people's works, should pay remuneration but did not pay;
8. Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided in this Law;
Second, what are the ways to bear tort liability?
Article 15 of the Tort Liability Law stipulates eight main ways of assuming responsibility:
(1) Stop the infringement
Stopping infringement means that the infringed person has the right to ask the court to stop the ongoing or continuing infringement that infringes on his legitimate rights and interests, and it applies to all kinds of infringement, as long as the illegal act is ongoing or continuing;
(2) Remove obstacles
Eliminating obstruction means that the infringer eliminates the objective factual state that prevents others from exercising their rights and realizing their interests normally. This method is mainly applicable to cases where property rights, especially neighboring rights, are violated.
(3) eliminate the danger
Danger is related to the fact and state that may cause infringement damage in the future. In this state, the infringed has the right to request the court to ask the infringer to eliminate it.
(4) Return property
Returning property means that the infringer transfers the illegally possessed or managed property to the infringed. Generally speaking, it is the owner who has the right to request the return of property; At the same time, the property must still exist, and if it does not exist, it will compensate for the losses or bear other responsibilities; If the infringer transfers the property to a third party, it depends on whether the third party meets the conditions of bona fide acquisition when transferring the property. If there is, it shall not request the return of the property for the benefit of the third party and the safety of the whole transaction;
5] Restore to the original state.
Restitution is mainly applicable to the case of property damage, that is, requesting the infringer to restore the property to its original state. There are two conditions for requesting restitution: one is the possibility, that is, the damaged thing may be restored to its original state; The second is the necessity, that is, the object needs to be restored to its original state.
(6) Compensation for losses
Compensation for losses is the most common way to bear tort liability. It may be applicable not only to cases where property rights and interests are infringed, but also to cases where personal rights and interests are infringed. The range of losses includes not only positive losses, but also negative losses, and the compensation for losses is generally limited to actual losses.
(7) apologize
Apologize means that the infringer admits his mistake and apologizes to the infringed in oral or written form, which is mainly applicable to the situation of infringement of personal rights and interests;
(8) Eliminate influence and restore reputation.
Eliminating influence means that the infringer eliminates the adverse consequences to the infringed within the scope of adverse influence; Restoration of reputation means that the infringer restores the reputation of the infringed person to its undamaged state within the scope of the damage caused by it. They usually only apply to cases of infringement of personal rights and interests.
legal ground
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Copyright law of the people's Republic of China
Article 47 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid; (8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights and interests.
Legal analysis on how to judge the infringement of pictures: The infringement of pictures generally involves the copyright of pictures, the graphic registration of trademarks and the application of appearance patents. Judging whether a picture is infringing depends on whether your graphic copyright is registered. If registered, it may involve infringement.
Legal basis: Article 48 of the Copyright Law commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Reproduction, distribution, performance, projection, broadcasting, compilation and dissemination to the public through information networks without the permission of the copyright owner, except as otherwise provided by this Law; (2) Publishing books with exclusive publishing rights enjoyed by others; (3) 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, unless otherwise provided for in this Law; (4) Reproduction, distribution and dissemination of audio and video products made by the producers of audio and video recordings to the public through information networks without the permission of the producers, except as otherwise provided for in this Law; (5) broadcasting or reproducing radio and television without permission, except as otherwise provided by this Law; (six) without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright or copyright-related rights of his works, audio-visual products, etc. Except as otherwise provided by laws and administrative regulations; (7) Deliberately deleting or changing electronic information on rights management such as works, audio-visual products, etc. Without the permission of the copyright owner or copyright-related obligee, except as otherwise provided by laws and administrative regulations; (eight) the production and sale of works signed by others.
Can copyright registration take pictures? Legal analysis: copyright registration can also take photos. If it does not belong to these three situations, copyright registration can be carried out: works not protected by copyright law; Works whose copyright protection period has expired; Works whose publication and dissemination are prohibited according to law.
Legal basis: Article 3 of the Copyright Law of People's Republic of China (PRC) The works mentioned in this Law include works of literature, art, natural science, social science and engineering technology. Creation in the following forms: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.