I. Classification of tort
(1) by constituent elements
General tort: refers to the behavior that the actor directly causes damage to others based on his own fault, so the general liability clause in civil law applies.
Special tort: the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of civil law or special civil law.
(2) According to the infringing object
Infringement of property rights: including infringement of property rights and property rights in intellectual property rights.
Violation of personal rights: including physical and psychological violations of others.
(3) according to the number of people causing harm.
Personal tort: the tort that only causes one person.
* * * Joint torts: Torts involving more than two persons, and the actors shall be jointly and severally liable for damages.
(4) according to the nature of the behavior
Positive tort: refers to the act of causing harm to others in the form of positive action.
Infringement by omission: refers to the act of causing damage to others in the form of negative omission.
Second, the concept and characteristics of tort civil liability
(1) The concept of tort civil liability
Citizens and legal persons who infringe upon the property of the state or the collective or the property or person of others due to their faults shall bear civil liability.
If there is no fault, but the law stipulates that it should bear civil liability, it should bear civil liability.
(2) the characteristics of tort civil liability
① Tort civil liability is legal liability, not moral liability;
(2) Tort liability is a civil legal liability, not a criminal or administrative liability;
③ The way to bear tort liability is mainly property liability;
④ Tort liability is mainly compensatory.
Three, in the following circumstances, you can use the work without permission and without paying remuneration to the copyright owner, but the name of the author or the name of the work shall be indicated, and it shall not affect the normal use of the work or reasonably damage the legitimate rights and interests of the copyright owner:
(a) for personal study, research or appreciation of the use of other people's published works;
(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;
(3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;
(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast;
(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;
(6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;
(seven) the use of published works by state organs within the reasonable scope of performing official duties;
(eight) libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., in order to display or save the version, copy the works collected by the library;
(9) Performing published works for free, without charging fees to the public, without paying remuneration to the performers, and not for profit;
(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;
(eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China;
(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;
(thirteen) other circumstances stipulated by laws and administrative regulations.
Legal basis:
Copyright law of the people's Republic of China
Article 47 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using a work by means of exhibition, filming or adaptation, translation or annotation without the permission of the copyright owner. Unless otherwise provided for in this law;
(seven) the use of another person's work, which should be paid but not paid;
(8) Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided by this Law;
(9) Using the layout design of books and periodicals published by publishers without their permission;
(10) Live broadcast or public dissemination of a live performance or recording of a performance without the permission of the performer;
(eleven) other acts of infringement of copyright and copyright-related rights and interests.