How to defend your rights if the right to authorize your work has been infringed
1 , How to protect your rights if your right to authorize your work is infringed
1. Self-mediation
If the right of signature is infringed, the infringed party can mediate on its own and require the other party to stop the infringement and compensate for losses; if the reputation of the infringed party is damaged, the infringer can also be required to restore the reputation through various legal methods.
2. Sue in court
If the infringer is unwilling to mediate, or the mediation is unsuccessful , the infringed party can sue in court.
Article 55 of the "Copyright Law" Copyright disputes may be mediated, or may be settled in accordance with the written arbitration agreement reached by the parties or the copyright contract. According to the arbitration clause, apply for arbitration to the arbitration institution.
If the parties do not have a written arbitration agreement, nor have they entered into an arbitration clause in the copyright contract, they may file a lawsuit directly with the People's Court.
Handouts written by oneself are professional works, and the author enjoys the right of signature. If the signature belongs to the company, it has constituted infringement. The author can ask for compensation from the company and the restoration of his authorship rights.
"Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 2 Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level.
Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of its jurisdiction.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 4 Civil lawsuits filed due to copyright infringement shall be governed by Article 46 and Article 4 of the Copyright Law The People's Court of the place where the infringement acts specified in Article 47 are committed, where the infringing copies are stored or seized or seized, and where the defendant is domiciled shall have jurisdiction.
The storage place of infringing copies specified in the preceding paragraph refers to the place where infringing copies are stored or concealed in large quantities or regularly; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and detain infringing copies in accordance with the law.
2. How to vest the authorship rights in professional works
"Copyright Law" Article 16 Works created by 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 the scope of their business. Within two years after the completion of the work, without the consent of the unit, the author shall not allow a third party to use the work in the same manner as used by the unit.
For professional works that fall under any of the following circumstances, the author enjoys the Right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations, who may reward the author:
(1) Engineering design drawings and drawings that are mainly created using the material and technical conditions of a legal person or other organization, and for which the legal person or other organization is responsible. Product design drawings, maps, computer software and other professional works;
(2) Laws, administrative regulations or contracts stipulate that the copyright belongs to legal persons or Works of employment enjoyed by other organizations.
The above knowledge is the editor’s explanation of “the right of authorship of work of employment has been infringed”"How should prisoners protect their rights?" If you need more legal help, you are welcome to go to the Legal Savior Network for legal consultation.
