1. Can computer font copyright be protected?
Computer art fonts It is protected by copyright. Our country's laws clearly stipulate that the content of copyright protection includes computer fonts and word processing related situations. If the copyright owner's artistic fonts are infringed, he can file a complaint with the judicial authority.
"Copyright Law"Article 23
The works of natural persons, their right to publish, and the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1 of this Law The protection period is the life of the author and fifty years after his death, ending on December 31 of the fiftieth year after the death of the author; if it is a collaborative work, it will end on December 31 of the fiftieth year after the death of the last author. day.
Works and copyrights (except for the right of authorship) of legal persons or unincorporated organizations are enjoyed by legal persons or unincorporated organizations, and their publication rights are The protection period is fifty years, ending on December 31, the fiftieth year after the creation of the work; the protection period of the rights stipulated in items 5 to 17 of Article 10, Paragraph 1 of this Law is fifty years, As of December 31, the fiftieth year after the work was first published, but if the work has not been published within fifty years since the completion of its creation, this law will no longer protect it.
The protection period of the right to publish audio-visual works is fifty years, ending on December 31 of the fiftieth year after the creation of the work; Article 1 of this Law The protection period of the rights stipulated in Items 5 to 17 of Article 10, Paragraph 1, is fifty years, ending on December 31, the fiftieth year after the work was first published, but the work shall not be protected within fifty years from the completion of its creation. Publication shall no longer be protected by this Law.
2. What to do if the copyright is infringed
1. Negotiate on your own
If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to quickly and effectively realize and safeguard its rights and interests, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation
Refers to the negotiation and settlement of disputes between the two parties with the assistance of a third party The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to host the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced. The purpose of mediation is to facilitate both parties to reach a consensus agreement, but the mediation agreement has no legal enforceability. As long as one party reneges, the mediation agreement will lose its validity. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
3. Arbitration
The parties may arbitrate in accordance with the written arbitration agreement or copyright contract. According to the arbitration clause, apply for arbitration to the arbitration institution. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a 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 is final. After the award is made, the parties have the same If a copyright dispute is applied for arbitration or brought to the People's Court, the arbitration committee or the People's Court will not accept it. The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement.
If the People's Court believes that the arbitration award is not enforceable by law, the parties may re-enter the arbitration agreement and apply for arbitration in accordance with the arbitration agreement, or they may directly File a lawsuit with the People's Court.
3. Legal provisions on compensation for copyright infringement
《 Copyright Law》Article 54
In case of infringement of copyright or copyright-related rights, the infringer shall act in accordance with the rights of the right holder. Compensation will be provided for the actual losses suffered or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties for the right. For intentional infringement of copyright or copyright-related rights, the circumstances In serious cases, compensation may be between one time and five times the amount determined according to the above method. Search report
The actual losses of the right holder and the illegal gains of the infringer , if the right usage fee is difficult to calculate, the people's court shall, based on the circumstances of the infringement, award a compensation of not less than 500 yuan but not more than 5 million yuan.
Amount of compensation It should also include the reasonable expenses paid by the right holder to stop the infringement.
In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof. If the account books, materials, etc. related to the infringement are mainly in the possession of the infringer, the infringer may be ordered to provide the account books, materials, etc. related to the infringement; if the infringer fails to provide them, or provides false account books, materials, etc., the people's court may refer to the rights The amount of compensation shall be determined based on the person's claims and the evidence provided.
The People's Court hearing copyright dispute cases shall, at the request of the right holder, for infringing copies, except under special circumstances, Ordered to destroy; materials, tools, equipment, etc. mainly used to make infringing copies, ordered to be destroyed without compensation; or in special circumstances, ordered to prohibit the aforementioned materials, tools, equipment, etc. from entering commercial channels without compensation .
[Warm Tips]: The editor tells you: The protection of copyright mainly includes the basic principles of copyright, the protection of the subject of copyright, The objects of copyright protection, the contents of copyright protection, the duration of copyright protection and legal liabilities related to infringement. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
No comments yet. Say something...