My China Star

The author is the unique qualified person to authorize these transformations of his creation, with or without profit spirit. The infringements on the rights of intellectual property can be persecuted by the holders of such rights or legally constituted organizations of management, and this persecution can be realised by the penal route and the civil route. First it requires the concurrence of spirit of profit and damage of third parties, but the civil route does not demand to demonstrate to the causacin of a damage or the lucrative aim of the violator, but solely the existence of the infraction. For this reason, even though the page Web in which that transformation of the work is published lacks profit spirit, and of the same category they are the contributions of the users, this activity has legal repercussions, and the violator could have to compensate to the holders of the rights of intellectual property of the work with an equal quantity to the benefit that the holders would have obtained from not taking place the illicit use, or to the installment correlative to the authorization, where appropriate, and of to have produced this authorization. Aside from the responsibility which according to the LPI she incurs the usuary author of the ascent of the calld file or the translated script, in the light of article 16 of the LSSI considers violator (and the holders of the rights of intellectual property have action against him), to the administrator of the Web (like " lender of services of lodging or storage of datos") if test that had knowledge of which raised the page the Web it was an illicit or harmful content of rights of third parties, unless this one tries that it did not have effective knowledge of which the activity or the stored information is illicit or of which injures to goods or rights of third susceptible ones of indemnification, or that acted with diligence to retire the data or to prevent the access to them, that is to say, to prevent the damage to the rights with the author.