Once arise,code of our country copyright decides work, the author obtains copyright automatically, anybody uses this work without allowing to be not gotten, otherwise enroach on the copyright that this work author enjoys. So what kind of characteristic does copyright tort behavior have?
1, the multiple sex of tort object
In copyright tort, the object of tort behavior is work, tort object is copyright right. And right of copyright of copyright law regulation includes authority of 4 composing person and 13 composing belongings to counterpoise, each right becomes independent each other, but OK also at the same time exercise.
Incorporate is the multiple sex of copyright tort object: The infringer violates some right OK and onefoldly, also can violate multinomial right at the same time, authority of onefold or multinomial person and money property right are OK at the same time by enroach on.
2, by the specific sex of tort main body
Of enroach on of place of copyright tort behavior is the right of copyright person, the copyright person here does not point to an author only, also include to pass transfer the agreement, license agreement, successive, person that accepts the means such as bequeath to acquire copyright right. These main body are the specific main body that enjoys copyright to work, other principal part has no right to hold copyright to this work, also have no right to ask tort is compensated for.
3, the illegal sex that tort behavior expression is use other work
The behavior of the illegal sex infringer of copyright tort behavior violated the regulation of copyright law, specific show without copyright the person allows do sth without authorization to use its work; Although have right,perhaps use, but the infringer's use belongs to exceed one's authority to use, if copyright person permits an infringer to make duplicate with work,counterpoise, the infringer undertook duplicate and be translatinged to work at the same time however.
4, the diversity of tort form
With behavior of general and civil tort identical, the form of copyright tort can be the tort behavior that one person carries out alone, also can be two tort action that reach above main body to be carried out jointly. But what differ with behavior of general and civil tort is, copyright tort behavior still has the 3rd kind of form: Several independent infringers are collective to same copyright the person carries out tort behavior.
