A 12-year-old child wrote a book and it was illegally reprinted by a website. How can the child protect his rights?
1. Since it is illegally reproduced, the website that reproduces the novel must have infringed the Copyright. According to the relevant provisions of the Copyright Law of the People's Republic of China, it can be File a lawsuit and apply for rights protection.
2. Matters needing attention:
1. In line with the principle of who sues and who provides evidence, you need Provide relevant video screenshots or network screenshots as evidence;
2. There have been relevant actual cases, and the persons prosecuted have been punished accordingly.
3. The Internet is a double-edged sword. While vigorously demonstrating your reputation and increasing your influence, you must also pay attention to safeguarding your legitimate rights and interests.
What to do when copyright is infringed
(1) Negotiate on your own. If both parties can reconcile after the infringement occurs, the copyright can be People can quickly and effectively realize and safeguard their rights and interests, and can also enable infringers to avoid damage to their reputation. If they are unwilling to negotiate or cannot reach an agreement, the parties can directly file a civil lawsuit with the court.
(2) Mediation. Mediation is not a necessary procedure for resolving copyright disputes. The parties are willing to mediate but cannot reach a mediation agreement. Or if you regret after mediation, you can directly file a lawsuit in court.
(3) Arbitration. Arbitration is often limited to contract disputes, and submissions for arbitration must have a written agreement or written arbitration clause. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal It is a final award. After the award is made, if the parties apply for arbitration or file a lawsuit with the People's Court on the same copyright dispute, the Arbitration Committee or the People's Court will not accept it. The award made by arbitration is legally binding and should be fulfilled by the parties. If one party fails to perform the arbitration If the arbitration award is stipulated, the other party may apply to the People's Court for compulsory enforcement. If the People's Court believes that the arbitration award has statutory circumstances that should not be enforced, the parties may re-enter into an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court. .
(4) Civil litigation. Copyright disputes occur Finally, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate the agreement or regret it after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or the People's Court fails to do so despite the arbitration award. Anyone who believes that the arbitration award should not be enforced under statutory circumstances can directly file a lawsuit with the People's Court.. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
Of course, when the copyright owner is infringed by others, You can also apply for protection to the copyright administrative agency, and the copyright administrative agency will impose administrative penalties on the infringer based on your application (or ex officio). However, the scope of copyright administrative management according to law is narrow and only applies to the eight types of content specified in Article 47 of my country’s Copyright Law. If the party concerned is dissatisfied with the administrative penalty decision of the copyright administrative authority, he or she may apply for reconsideration or file a lawsuit under the People's Law.
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