The term "act of infringement of copyright" refers to an act that, in violation of the provisions of the copyright law, infringes upon the personal and property rights enjoyed by the right holder in accordance with the copyright law. The personal rights in the copyright of a photographic work include the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work. These rights are inseparable from the author's personal rights, mainly manifested as the author's spiritual rights. Property rights generally include the right of remuneration, the right of reproduction, the right of exhibition, the right of distribution, the right of editing and the right of arrangement.

In tort cases, to determine whether the actor has committed a tort, the following aspects should be noted:

1. The actor shall have the fact of infringement of copyright.

Generally speaking, the fact that an actor USES another person's work without the permission of the author and other copyright owners is a tort. This kind of infringement may be both a violation of the author's personal right and a damage to the property right, or both.

2. The behavior must be illegal.

The act of the actor must be a violation of the copyright law. If the act belongs to the reasonable use of others' works in the copyright law, it cannot be considered as infringement even without the consent of the copyright owner because it is not illegal. In the copyright law, the reasonable use of a work is a kind of restriction on copyright. Whether the defendant's act is a reasonable use of another person's work becomes another key issue for the determination of copyright infringement. Therefore, as an attorney, the above issues should be carefully examined.

3. The actor is at fault subjectively.

The so-called fault refers to the mental state of the tortfeasor to his torts and their consequences, including intentional and negligence. If the actor does not have a subjective fault, even if the role of the works of others, can not be identified as a tort.

In addition, after determining the infringement, it is necessary to distinguish whether the illegal ACTS accused are civil torts or administrative violations. Some litigants even represent lawyers in the civil action of tort, put forward a lawsuit belongs to the administrative penalty of the situation also happens from time to time.

In the process of ascertaining the infringement of copyright, we will also encounter that the defendant's act has constituted the infringement, but the plaintiff's use of rights has defects or is limited to some extent, which will bring adverse consequences to the final ascertaining of the infringement.

The social significance of copyright infringement litigation

Through the protection of the exclusive rights of copyright owners, copyright litigation can stimulate the enthusiasm of creators and ultimately promote the scientific and technological progress, cultural prosperity and economic development of the whole society. In the era of network economy, the openness, low cost and fast communication of the network have brought great challenges to the traditional copyright protection. The development of the network industry seems to be in great contradiction with the protection of online copyright, and it seems to limit the development of the Internet industry in the short term. However, in the long run, protecting the legitimate rights of network copyright owners through legal and administrative means is of positive significance to forming a healthy and benign development environment for the Internet content industry. By standardizing the transmission of network content into a legal way, restricting arbitrary behavior and protecting the interests of copyright owners, the initiative of creation will be stimulated, which will further promote the innovation of network content and make the development of the Internet more prosperous. Those authors whose copyright has been infringed should step up to protect their rights actively, which is not only the need to safeguard their legitimate rights and interests, but also a social responsibility.

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