The retroactive period is three months of copyright infringement, subject to the following three conditions:

1, there is the fact of infringement that the perpetrator without the permission of the copyright owner, not according to the conditions of use specified in the copyright law, the unauthorized use of the work of the copyright owner, as well as performances, audio-visual productions, and radio and television programs. Copyright infringement, neither the consent of the author and other copyright holders, nor belong to the situation of fair use and statutory use, which is the unauthorized use of the work, and therefore a violation of copyright law. This kind of infringement may cause damage to the personal rights of others, but also may cause damage to the property rights of others, and may also damage the personal rights and property rights of others at the same time. Such as illegal reproduction of other people's works may only infringe on other people's copyright property rights, while counterfeiting other people's works, often at the same time infringe on other people's copyright personal rights and property rights.

2, the behavior of illegal copyright is an absolute right, anyone is responsible for the obligation of inaction can not violate the right. Others in the use of copyright works must comply with the copyright law and other relevant provisions of the law, if the perpetrator violates the provisions of the law, its behavior is illegal. As for works that are not protected by the copyright law, works for which no copyright has been obtained, or "works" that have entered the public domain, there is no infringement of copyright when others use them.

3, the subjective fault of the perpetrator of the so-called fault, refers to the infringer of the infringement and its consequences of the state of mind, including intentional and negligent two forms. Copyright infringement, the vast majority of the act is intentional; there are a few can be constituted by both intentional, can also be constituted by negligence. Distinguish the form of fault, in determining the legal responsibility of the infringer has certain significance. Generally speaking, the legal responsibility for intentional torts is heavier than the legal responsibility for negligent torts.