How to deal with copyright infringement mobile phone cases

If you find that your copyright has been infringed, you first need to collect relevant evidence, including the infringed Works and the works published by the infringer. You can also find professional intellectual property lawyers through the Internet or other channels to consult on relevant legal matters. Regarding how to deal with the problem of copyright infringement mobile phone cases, the editor of Legal Savior Network will give you a detailed answer below.

1. How to deal with copyright infringement mobile phone cases

1. Collect evidence: If you find that your copyright has been infringed, you first need to collect relevant evidence, including the infringed works and the works published by the infringer.

2. Contact a lawyer: You can find a professional intellectual property lawyer through the Internet or other means to consult on relevant legal matters.

3. Issue a warning letter: You can issue a warning letter to the infringer through a lawyer, requiring the infringer to stop the infringement and compensate for economic losses and mental losses.

4. File a lawsuit: If the infringer does not cooperate to solve the problem, you can file an intellectual property infringement lawsuit with the relevant department and request that the infringer be punished and compensated. Economic losses and mental losses.

5. Court judgment: After the court hearing, the court will make a judgment based on the evidence and circumstances, and impose fines, compensation, etc. on the infringer.

"Copyright Law of the People's Republic of China"

Article 52 includes the following infringements According to the circumstances, they shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:

(1) Publish the content without the permission of the copyright owner of the work;

(2) Publish the work created in collaboration with others as a work created alone without the permission of the co-author;

(3) Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation;

( 4) Distorting or tampering with other people’s works;

(5) Plagiarizing other people’s works;

(6) Using the work by displaying or filming audio-visual works without the permission of the copyright owner , or use works in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;

(7) Remuneration must be paid for the use of other people's works. Unpaid;

(8) Renting audio-visual works, computer software, audio and video products without the permission of the copyright owner, performer or audio and video producer. Originals or copies of works or audio and video products, except as otherwise provided for in this Law;

(9) Using the published materials without the permission of the publisher The layout design of books and periodicals;

(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;

(11) Other infringements of copyright and copyright-related rights.

2. What are the constituent elements of copyright infringement

1 , illegality

The act that caused the fact of damage must be illegal, and the actor shall be liable for compensation. Otherwise, even if there is a fact of damage, the actor cannot be Bear liability for compensation.

No matter whether the activities carried out by the perpetrator infringe upon the interests of the copyright holder or whether the activities carried out pose a major threat to the interests of the copyright owner, they will inevitably be liable in the future. Damaging the interests of the copyright owner constitutes copyright infringement.

2. Fact of damage

It usually means that the behavior carried out by the infringer has objectively caused harm to the injured party. If the infringer's behavior causes damage to the copyright owner and there is no statutory reason for liability, the infringer should bear legal responsibility.

However, if the infringer commits infringement without causing actual damage to the copyright owner, should he bear infringement liability? If a person does not cause any actual damage to the copyright owner, should he bear infringement liability?Is it considered a copyright infringement if the copyright owner gives permission to illegally copy his work in large quantities but does not branch out? Another example is a publisher who publishes without the author's permission but pays the author a royalties. The editor believes that these are infringements because they are without the author's permission and without legal permission. The infringer has exercised rights that should be controlled by the copyright owner or hindered the exercise of the copyright owner's rights.

3. Causal relationship

That is, only when the infringement committed by the infringer is related to the When there is a causal relationship between the damages, the infringer shall bear liability. If the infringer has committed an infringement and illegal act, but the victim's damage has nothing to do with it, he cannot be held liable for compensation.

4. Subjective fault

In the case of copyright infringement, when fault liability is applicable In some cases, those who are subjectively at fault must bear responsibility. Fault is a state of mind of an actor that determines his actions. Fault includes two forms: intentional and negligent.

5. Legal basis: "Copyright Law" Article 3 The works referred to in this law refer to original and capable works in the fields of literature, art and science. Intellectual achievements expressed in certain forms include:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance, acrobatic art works;

(4) Art and architectural works;

(5) Photographic works;

(6) Audio-visual works;

(7) Graphic works and model works such as engineering design drawings, product design drawings, maps, schematic diagrams;

(8) Computer software;

(9) Other intellectual achievements consistent with the characteristics of the work.

3. Can copyright disputes be applied for arbitration?

1. Copyright disputes can be applied for arbitration.

2. There are two types of arbitration agreements:

(1) The arbitration clause entered into in the copyright contract. The arbitration clause is entered into by both parties before the dispute occurs. When the parties sign the copyright contract, they agree in advance in the contract on how to resolve the dispute and are willing to settle the dispute in the future. Disputes that may arise during the performance of the contract shall be submitted to arbitration for resolution.

(2) An arbitration agreement entered into separately in other ways. It is an arbitration agreement between the parties in the dispute. A specifically signed agreement to submit disputes to arbitration before or after the occurrence. Whether it is an arbitration clause or an arbitration agreement entered into separately in other ways, or whether it is an arbitration agreement involving future disputes or existing disputes, its function is the same , have the same effect in law.

[Warm reminder]: The editor tells you: If the copyright or copyright-related rights are infringed, the infringer shall follow the If the actual loss of the right holder is difficult to calculate, compensation can be provided based on the illegal income of the infringer. 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 Consult a professional attorney.