Handling of copyright disputes
1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to realize and safeguard its rights and interests quickly and effectively, 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. 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. 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 may apply for arbitration again or file a lawsuit with the People's Court for the same copyright dispute. The arbitration committee or the People's Court Will not be accepted. 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 should not be enforced under statutory circumstances, the parties may re-enter 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. After a copyright dispute occurs, 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 even though the arbitration award has been However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, it 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 a copyright owner is infringed by others, he can also apply to the copyright administrative agency for protection, and the copyright administrative agency will grant him protection based on his application (or ex officio). Administrative penalties for infringers. However, the scope of copyright administrative management agencies’ management according to law is relatively narrow.It 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.
For those infringements that seriously infringe copyright and have constituted a crime, the copyright owner can also report or file a complaint to the relevant department, and the relevant agency will initiate a public prosecution. The copyright owner can also There is a civil lawsuit attached.
Principles of attribution of copyright
Copyright belongs to the author, unless otherwise provided by copyright laws. The citizen who created the work is the author. If the circumstances specified in Article 11, Paragraph 3 of the Copyright Law are met, the legal person or other organization shall be regarded as the author. In the absence of proof to the contrary, the citizen, legal person or other organization that signs the work is the author.
Copyright collaborative works
For works created jointly by two or more people, the copyright is shared by the co-authors. People who did not participate in the creation cannot become co-authors. If a collaborative work can be divided and used, the authors can enjoy separate copyrights for the parts they created, but the copyright of the collaborative work as a whole must not be infringed upon when exercising the copyright.
Copyright compilation works
Compilation of several works, fragments of works, or data that do not constitute a work or other Materials, works whose selection or arrangement of content reflect originality are compilations, and their copyrights are enjoyed by the compiler. However, when exercising the copyright, the copyright of the original work shall not be infringed.
Copyright commissioned works
For commissioned works, the ownership of the copyright is determined by the client and the trustee through contract. If there is no express agreement in the contract or no contract has been concluded, the copyright belongs to the trustee.
Copyright audio-visual works
The copyright of film works and works created by methods similar to filmmaking is owned by The producer has the right to authorize the work, but the screenwriter, director, photographer, lyricist, composer, etc. have the right to sign and are entitled to receive remuneration in accordance with the contract signed with the producer. Authors of scripts, music, and other works that can be used independently in film works and works created using methods similar to filmmaking have the right to exercise their copyright alone.
Copyright workWorks
Works created by ordinary citizens to complete the work tasks of legal persons or other organizations are service works. Except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but Legal persons or other organizations have the right to priority use within their business scope. Within two years after the work is completed, the author may not allow a third party to use the work in the same way as the work is used by the unit without the consent of the unit. Especially for works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the copyright shall be fully enjoyed by the unit.
Copyright computer software
The computer software copyright holder refers to the natural person, legal person or other person who enjoys the software copyright in accordance with the law. organize. Software copyright arises from the date of completion of software development
The above is the relevant work information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand that the time limit for copyright litigation is generally only two years. If a lawsuit for the protection of civil rights is filed with the court within the two-year litigation time limit, the court will generally not accept it. If you have any other questions, please feel free to consult online.
No comments yet. Say something...