What are the constitutive elements of the crime of copyright infringement?
1, object: copyright owner's copyright and national copyright management system;
2. Objectively speaking, the amount of illegal income from copyright infringement is relatively large or there are other serious circumstances.
Including:
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publishing books with exclusive publishing rights enjoyed by others;
(3) Reproduction and distribution of audio and video products made by the producer without the permission of the producer;
(4) Making and selling works of art with forged signatures.
3. Subject: it is a general subject, that is, a natural person who has reached the age of 16 and has criminal responsibility. At the same time, the unit can also become the subject of the crime of copyright infringement;
4. Subjective aspect: intentional, for the purpose of profit.
Without the consent of the intellectual property owner, unauthorized use of videos with intellectual property rights owned by others is an infringement. May be suspected of invading others' privacy. I suggest you contact the website first and ask the website to delete the video and ask others to stop the infringement. If the other party continues to upload, you can ask for the title of the website. If other losses are caused, you can also bring a lawsuit to the court and ask the other party to compensate for the losses and apologize. If the circumstances are serious, it may violate the criminal law.
Legal basis:
Criminal law of the people's Republic of China
Article 2 17
The crime of copyright infringement aims at making profits, and in any of the following circumstances, if the amount of illegal income is relatively large or there are other serious circumstances, it 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) Reproduction, distribution and dissemination of written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations to the public 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.