How to identify music copyright infringement:
1. Publish the work without the permission of the copyright owner;
2. Publish the work with the co-author without the permission Publishing works jointly created by others as works created by oneself alone;
3. Not participating in the creation, but signing others' works in order to seek personal fame and fortune;
4. Distortion , Tampering with other people’s works;
5. Using works by performing, broadcasting, exhibiting, distributing, making movies, television, video, or adapting, translating, editing, etc. without the permission of the copyright owner;< /p>
6. Using other people’s works without paying remuneration in accordance with regulations;
7. Live broadcasting of the performer’s performance without his permission;
8. Without the consent of the legal person or client, the author publishes his own work and commissioned works without authorization.
The standard of damages for infringement of music copyright:
1. Music copyright is protected by copyright law, because music copyright is copyright, so the standard of damages for music copyright infringement is in accordance with copyright The standard of damages for infringement shall be determined. According to the provisions of the Copyright Law, I will mainly elaborate on the determination of the standard of damages for copyright infringement from the following three levels: First, if the actual loss of the copyright owner can be determined, it shall be determined according to the actual loss of the copyright owner;
2. If the copyright owner’s actual losses cannot be determined, the calculation will be based on the infringer’s illegal gains;
3. If neither the copyright owner’s actual losses nor the infringer’s illegal gains can be determined, The People's Court shall, based on the specific circumstances of the infringement, award the infringer a compensation of less than RMB 500,000.
In summary, any use of a work by performing, broadcasting, exhibiting, distributing, making a film, television, video, or adapting, translating, or editing without the permission of the copyright owner is an infringement.
Legal basis:
Article 47 of the "Copyright Law of the People's Republic of China"
In case of the following infringements, the following infringements shall be made according to the circumstances. Bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing the work without the permission of the copyright owner;
(2) Without cooperation With the permission of the author, the work created in collaboration with others is published as a work created alone;
(3) Without participating in the creation, in order to seek personal fame and fortune, the author signs the work of others;
(4) Distorting or tampering with other people’s works;
(5) Plagiarizing other people’s works;
(6) Exhibiting, making movies, and Use of works in a manner similar to filmmaking, or use of works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;
(7) Remuneration should be paid for the use of other people's works but has not been paid
(8) Leasing the works or recordings without the permission of the copyright holders of film works and works created by similar methods of making films, computer software, audio and video products, or the rights holders related to copyrights video products, except as otherwise provided for in this Law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher; (10) Using the layout design of the books or periodicals published by the publisher without the permission of the performer; Broadcasting or publicly transmitting live performances, or recording performances; (11) Other acts that infringe upon copyright and copyright-related rights and interests.