1. How can the department in charge of copyright investigate cases of copyright infringement
1 . For cases of copyright infringement, the department in charge of copyright can investigate through the following procedures:
(1) The relevant parties can be questioned and the investigation is related to the suspected illegal act. circumstances;
(2) Conduct on-site inspections of the places and items where the parties are suspected of illegal acts; review and copy contracts, invoices, and account books related to suspected illegal acts and other relevant information;
(3) Places and items suspected of illegal activities may be sealed or seized.
2. Legal basis: "Copyright Law of the People's Republic of China"
55 When the department in charge of copyright investigates and handles suspected infringement of copyrights and copyright-related rights, it may question the relevant parties and investigate the circumstances related to the suspected illegal acts; conduct on-site inspections of the places and items where the parties are suspected of illegal acts; review, Copy contracts, invoices, account books and other relevant materials related to suspected illegal activities; places and items suspected of illegal activities may be sealed or detained.
When the department in charge of copyright exercises the powers stipulated in the preceding paragraph in accordance with the law, the parties concerned shall assist and cooperate and shall not refuse or obstruct.
2. Civil liability for copyright infringement
Civil liability for copyright infringement refers to the reliance on state coercion to make up for and compensate the wrongdoer who has infringed the copyright of others in accordance with the provisions of the Copyright Law and the Civil Code.Legal liability for tort damage. The forms of civil liability for copyright infringement include the following:
(1) Stop the infringement. Stopping infringement means that the perpetrator is committing copyright infringement, and the rights holder has the right to request the court to order the perpetrator to immediately stop his illegal behavior.
(2) Eliminate the impact and publicly apologize. This form of civil liability mainly applies to damage to the personal rights of copyrights. The scope of the impact of elimination is generally consistent with the scope of the impact of infringement. A public apology can be made orally, in writing, or by publishing an apology statement in a newspaper or periodical, and the scope should be commensurate with the extent of the infringement. Typically, elimination of impact is combined with apology.
(3) Compensation for losses. Mainly applicable to infringement of copyright property rights. However, for damage to the personal rights of a copyright, if other forms of civil liability are insufficient to redress the damage to the right holder and punish the wrongdoer, the form of civil liability for compensation may also be applied. The scope of compensation is generally based on the actual losses suffered by the right holder, and the wrongdoer must compensate the right holder in full for the losses suffered. When the loss suffered by the right holder is difficult to calculate, the infringer's illegal gains may also be compensated as the right holder's loss amount.
According to the provisions of the Copyright Law, in cases of copyright infringement, the department in charge of copyright can: inquire the relevant parties and investigate the situation related to the suspected illegal act ; Conduct on-site inspections and other methods to investigate the places and items suspected of illegal activities by the parties. 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 website to consult a professional lawyer.
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