The statute of limitations and effective protection period for copyright infringement
1. The statute of limitations for copyright infringement
"The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes" stipulates: "The statute of limitations for copyright infringement is two years, calculated from the date when the copyright owner knew or should have known about the infringement. . If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the People's Court shall order the defendant to stop the infringement during the copyright protection period; the amount of infringement damages shall be calculated from the date the right holder files a lawsuit to the People's Court. Calculated two years forward."
The core of the statute of limitations system is that the right holder has a period of three years from the date when he knows or should know that his civil rights have been violated. When filing a lawsuit to protect civil rights, that is, the rights holder should proactively safeguard his or her legitimate rights and interests. If the rights holder files a lawsuit for protection of civil rights within the 3-year statute of limitations, the people's court will not grant protection. However, when the Supreme People's Court's interpretation stipulates that it applies the statute of limitations system stipulated in the Civil Code (effective on January 1, 2021), it also stipulates that the statute of limitations for copyright infringement does not apply to the statute of limitations system stipulated in the Civil Code. .
According to the Supreme People's Court's "If the right holder files a lawsuit for more than two years, if the infringement continues at the time of filing the lawsuit, the People's Court shall The defendant shall be judged to stop the infringement; the amount of infringement damages shall be calculated forward two years from the date when the right holder files a lawsuit with the People's Court." explains that the statute of limitations for copyright infringement lawsuits filed by the right holder does not apply to the statute of limitations system stipulated in the Civil Code. The rights holder can disregard the statute of limitations and is not restricted by the two-year statute of limitations. As long as the copyright infringement continues when the rights holder files a lawsuit during the copyright protection period, he or she can apply to the People's Court for copyright protection. The People's Court The court can still support it, and the right holder can still obtain infringement damages for two years from the date of filing the lawsuit.
This interpretation of the Supreme People's Court is that when litigation for copyright infringement isThe validity period is set within the protection period of the copyright, and the statute of limitations is extended from a legal perspective. The direct consequences of abandoning the statute of limitations may lead to the negative awareness of rights holders in safeguarding their rights and the abuse of their rights.
2. Copyright protection period
Copyright protection period: refers to the time during which copyright is protected by law Limitation, or the validity period of copyright. During the copyright protection period, the copyright of the work is protected by the law. Unless otherwise provided by law, the use of the work requires the consent of the copyright owner and payment of remuneration to the copyright owner. After the copyright protection period expires, the work enters the "public domain" and is no longer protected by law. Anyone can use the work without obtaining the consent of the original copyright owner or paying remuneration to the original copyright owner. The establishment of the copyright term plays an important role in not only protecting the copyright owner's exclusive rights to the work, but also ensuring that copyright becomes a tool for developing the country's cultural and scientific undertakings.
So how long is the protection period of copyright stipulated by law?
The author's right of signature, modification The period of protection of the right and the right to protect the integrity of the work is not limited.
For a citizen's work, the protection period for the right of publication and other copyright rights is the life of the author and fifty years after the death, ending on the tenth year after the death of the author. December 31st;
If it is a collaborative work, the deadline is December 31st of the fiftieth year after the death of the last author. For works of a legal person or other organization, the copyright (except for the right of authorship) is enjoyed by the legal person or other organization, and the protection period of the right of publication and other copyright rights is fifty years, ending on the fiftieth year after the work is first published. December 31, but if the work has not been published within fifty years since its creation, its copyright will no longer be protected.
The period of protection for film works, works created by methods similar to filmmaking, and photographic works, including the right to publish and other copyright rights, is fifty years, ending on December 31, the fiftieth year after the work was first published, but if the work has not been published within fifty years since its creation, its copyright will no longer be protected.
If you have other questions, you can consult a lawyer on the Legal Savior website.
