How to deal with copyright owner disputes
Copyright disputes can be mediated or based on a written arbitration agreement reached by the parties. Or apply for arbitration to an arbitration institution based on the arbitration clause in the copyright contract.
1. Copyright of works created on the same theme Ownership disputes. Different authors create similar works on the same subject, which can easily lead to disputes, or one party may claim that the other party has plagiarized or plagiarized the work. According to the provisions on the constituent elements of works, if the expressions of the works of both parties are independently created and are original, it should be determined that both parties to the dispute independently enjoy the copyright.
2. The exercise of copyright and the exercise by the owner of the work Ownership disputes. If a work is legally owned by another person, and the copyright owner needs to use the work, the copyright owner has the right to use it, and the owner of the work may not unreasonably refuse. However, the copyright owner should explain the reason for use. The owner of the work can provide corresponding guarantees to the copyright holder. If the copyright owner destroys or loses the work during the use of the work, the copyright owner shall be liable for compensation.
3. Copyright disputes over the use of other people's musical works. If someone uses other people's musical works for profit, the author should be paid. Last year, music copyright holders used music for free in karaoke bars, bars and other business venues. The act of work claiming copyright is a good example.
4. Disputes over the ownership of the copyright of autobiographical literary works. For autobiographical literary works of specific characters, it generally depends on whether the author of the work has an agreement with the specific person. If there is no written agreement, the specific person should enjoy the copyright.
5. Copyright disputes caused by advertising slogans. Advertisements When a slogan meets the elements of a work, it should be protected by copyright law. As long as the slogan is original, it has constituted a work.
6. Copyright disputes in edited works. The editor enjoys the copyright of the edited work, but the edited work must not infringe the copyright of the original work. At the same time, the edited work The author of a work that can be used alone in -serif;">7. Disputes over copyright ownership of reports, speeches and other works written for others. For reports, speeches and other works written by others, reviewed and finalized by me and published in my own name, the copyright belongs to the reporter or speaker. However, if reports or speeches made for their own work are government work or public welfare work, the reporter or speaker does not enjoy copyright.
8. Disputes over the copyright ownership of artistic works. If there is no direct evidence to prove it, it generally depends on whether the artistic value of the work is equivalent to the author's level of painting ability. Whether the painting details and characteristics of the disputed work are consistent with the parties’ statements and the results of on-site copying and identificationto judge.
9. Seller infringement disputes. If a seller knowingly sells goods that infringe the copyright of others, the civil liability for infringement shall be determined based on factors such as the amount of sales, the circumstances of the infringement, and the losses caused to the copyright owner. If a seller violates Article 46 of the Copyright Law, corresponding civil sanctions may be imposed.
10. Between the copyright owner and the user of the work contract disputes. Article 47 of the Copyright Law provides for this. If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the Civil Code.
11. Disputes between the publishing unit and the author. Publishing units and authors sometimes have disputes over the loss or damage of manuscripts, and sometimes disputes over whether they enjoy exclusive publishing rights. In fact, the above dispute is not a copyright dispute, but a publishing contract dispute.
If you encounter such problems, please read carefully the above content. So I hope the above answers provided by the editor of Legal Savior Network can solve your problems. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
