Is it infringement to write about the force in a novel
Publish: 2021-04-22 02:03:17
1. If you use the light in other people's novels to set it as infringement.
2. Article 100 of the general principles of the civil law stipulates that "citizens enjoy the right of portrait and shall not use their portrait for profit without their consent." It can be seen that the act of infringing the citizen's portrait right usually has two elements: one is without the consent of the person concerned; The second is to make profits. The common behavior of infringing the citizen's portrait right is to use other people's portrait for commercial advertisement, commodity decoration, book and magazine cover and printed calendar without their own consent and for the purpose of making profits. For the infringement of portrait right, the victim can stop it by himself, such as requesting to hand over the filmed film, removing the public display of portrait, etc. he can also request the perpetrator to stop the infringement, remove the obstruction, eliminate the influence or compensate for the loss according to law. The right to claim compensation for loss does not take property damage as an important element. Other laws and judicial interpretations have also made some corresponding provisions on the infringement of the right to portrait. Article 139 of the opinions of the Supreme People's Court on Several Issues concerning the implementation of the general principles of the civil law stipulates that the use of a portrait for advertising, trademark, window decoration, etc. without the consent of citizens for the purpose of making profits shall be deemed as an infringement of the right to portrait of citizens. The judicial interpretation of the two supreme court clearly stipulates that the act of disseminating other people's written works, music, movies, television, video works, computer software and other works to the public through the information network without the authorization of the right owner shall be regarded as "reproction and distribution" as stipulated in Article 217 of the criminal law. If the amount of illegal income is more than 30000 yuan or the amount of illegal business is more than 50000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringing upon right and shall also, or shall only, be fined; If the amount of illegal income is more than 150000 yuan or the amount of illegal business is more than 250000 yuan, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years or criminal detention and shall also be fined for the crime of infringing upon right. According to articles 30 and 31 of the criminal law, the crime of network right committed by a unit is a crime committed by a unit. The unit shall be fined, and the person in charge and other persons who are directly responsible for the crime shall be punished.
3. No infringement. According to China's right law, quoting a few words will not be recognized as infringement.
4. This does not count, but the lyrics are not included in the number of words. It seems that once the lyrics are sold into the mass media, everyone can sing and transcribe them. For example, it is not illegal for you to sing in the street
5. Not really. The same name. It's OK. If the sentence is the same, let the reader see that it will be a bit infringing, but it's OK to imitate. You can borrow it. Here's my "borrowed.". Hey, hey
"< if the similarity rate between your things and the original is less than 20%, there will be no problem. If the similarity rate is more than 20%, generally speaking, China's internal laws in this field are not very perfect, and legal liability will not be investigated because of this. If your book is very popular, some people may take this opportunity to investigate legal liability to hype their works or themselves, but such lawsuits are generally not The exact outcome is out of court and removed. Some people take advantage of the opportunity to hype. Generally, no one will hold you responsible for your partial similarity. If the similarity rate of your works is too high, it is estimated that your works will not be published on the website. "
but if I am a reader. There's a little bit in your article and other characters mentioned in it. I'll find it interesting and fresh. If I have read the articles or characters you mentioned, I will think that your articles are different from the previous ones. But if you write exactly the same sentences and complex as that one. I will feel that this article has fallen in price, and I will say "plagiarize" casually when I talk with others.
"< if the similarity rate between your things and the original is less than 20%, there will be no problem. If the similarity rate is more than 20%, generally speaking, China's internal laws in this field are not very perfect, and legal liability will not be investigated because of this. If your book is very popular, some people may take this opportunity to investigate legal liability to hype their works or themselves, but such lawsuits are generally not The exact outcome is out of court and removed. Some people take advantage of the opportunity to hype. Generally, no one will hold you responsible for your partial similarity. If the similarity rate of your works is too high, it is estimated that your works will not be published on the website. "
but if I am a reader. There's a little bit in your article and other characters mentioned in it. I'll find it interesting and fresh. If I have read the articles or characters you mentioned, I will think that your articles are different from the previous ones. But if you write exactly the same sentences and complex as that one. I will feel that this article has fallen in price, and I will say "plagiarize" casually when I talk with others.
6. Hello, it's not just a quotation. Proper quotation is not plagiarism, and it's not the same kind of work
if several lines of lyrics are involved in the process of writing novels or other works, it will not be considered as infringement.
if several lines of lyrics are involved in the process of writing novels or other works, it will not be considered as infringement.
7. Copyright... 200 years
right and right are different. A work written by an author has right. As long as the author lives, he will always have it. If he lives for ten thousand years, he will have the absolute right of ten thousand years. After the author dies, he will still have the right of 50 years' right. His family members will live, and the heirs appointed by the author will get the right
right is the right of a specific published work. For example, Shakespeare himself has no right after hundreds of years, but a certain work published by a certain publishing house owns the right of the work. From a commercial point of view, the right may be permanent as long as the publishing house exists, This right exists. Copyright is not uniform, even under the same work, because once published, the details are different, such as translation, the use of certain words, and the cover. Copying these details does not infringe the right of the author, but the right of the publishing house
the creation based on the story background of a novel will not infringe the right, but it is difficult to define. If there are many imitations of the original plot in your works, you will constitute infringement. This is also difficult to grasp. The background of the story is someone else's. If you use this background, of course, the characters and plots in the original work will inevitably appear. This is unavoidable, so I say it is difficult to define
however, if there are no characters or plots in the original work, it is not the story background of the original work. For example, you can completely change the characters, change the names of some important background events, and change some details that are easily confused with the original work. In this way, even if the background is very similar to the original work, as long as the main line of your narration is not these things, there will be no problem. If you just want a background, you can completely change the name of the background, which has nothing to do with the original work. At most, you can think that it is a work like "seven swords story stream", which doesn't matter.
right and right are different. A work written by an author has right. As long as the author lives, he will always have it. If he lives for ten thousand years, he will have the absolute right of ten thousand years. After the author dies, he will still have the right of 50 years' right. His family members will live, and the heirs appointed by the author will get the right
right is the right of a specific published work. For example, Shakespeare himself has no right after hundreds of years, but a certain work published by a certain publishing house owns the right of the work. From a commercial point of view, the right may be permanent as long as the publishing house exists, This right exists. Copyright is not uniform, even under the same work, because once published, the details are different, such as translation, the use of certain words, and the cover. Copying these details does not infringe the right of the author, but the right of the publishing house
the creation based on the story background of a novel will not infringe the right, but it is difficult to define. If there are many imitations of the original plot in your works, you will constitute infringement. This is also difficult to grasp. The background of the story is someone else's. If you use this background, of course, the characters and plots in the original work will inevitably appear. This is unavoidable, so I say it is difficult to define
however, if there are no characters or plots in the original work, it is not the story background of the original work. For example, you can completely change the characters, change the names of some important background events, and change some details that are easily confused with the original work. In this way, even if the background is very similar to the original work, as long as the main line of your narration is not these things, there will be no problem. If you just want a background, you can completely change the name of the background, which has nothing to do with the original work. At most, you can think that it is a work like "seven swords story stream", which doesn't matter.
8. Er... If it's not obvious plagiarism,
even obvious plagiarism is classified and hierarchical,
if it's parody, people will not investigate it (of course, there are more serious lawsuits)
if it's not parody, then plagiarism over a certain proportion (with legal provisions) is regarded as infringement,
but seriously,
now there are a lot of novels (starting from registered novels up to 150W
you plagiarize people and don't know... (I'm evil, I'm wrong)
even obvious plagiarism is classified and hierarchical,
if it's parody, people will not investigate it (of course, there are more serious lawsuits)
if it's not parody, then plagiarism over a certain proportion (with legal provisions) is regarded as infringement,
but seriously,
now there are a lot of novels (starting from registered novels up to 150W
you plagiarize people and don't know... (I'm evil, I'm wrong)
9. "The right to use one's name is a kind of exclusive right of use, and other people should not use another's name intentionally. In reality, the phenomenon of double name is not a tort. Double name is also called parallel name, that is, several people legally obtain the same name. Under such circumstances, everyone has the right to use his own name and to exercise his right in a proper way, except for those who deliberately mix up. " If you only have the same name in your novel, it doesn't belong to infringing others' right of name; If the characters in the novel not only have the same name, but also have the same or targeted mapping of the things around them, it will violate the right of other people's name. But in fact, there are a lot of online novels that violate other people's right of name, but many people don't realize it or think it's not worth suing.
10. No, as long as the original text and content do not match, the name is the same, it does not matter, it is not a tort. I study law
Hot content