How to protect your rights if your right to authorize a commissioned work has been infringed
1. Self-mediation
If the right of signature has been infringed, the infringed party can mediate on its own and request 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 You can sue in court. The statute of limitations for copyright infringement shall apply to the statute of limitations system stipulated in the "General Principles of the Civil Law of the People's Republic of China".
Statute of limitations
The statute of limitations for copyright infringement is two years, calculated from the date the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the statute of limitations will be During the copyright protection period, the people's court should rule that the defendant should stop the infringement; the amount of infringement damages should be calculated forward two years from the date the right holder files a lawsuit with the people's court.
Infringement of authorship rights
1. Infringements clearly stipulated in the Copyright Law
(1) Treat works created in collaboration with others as your own alone without the permission of the co-author Published;
(2) Did not participate in the creation, Signing others’ works for the purpose of seeking personal fame and fortune;
(3) Producing and selling works that counterfeit the signature of others.
2. In judicial practice, generally recognized infringements
Using other people's works does not include attribution to the original author, unless the parties agree or in accordance with industry practices that the work is not attributable.
Article 4 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright" stipulates that infringement The intermediate people's court at the place where the infringement is committed, where the infringing copies are stored or where the seizure is seized, or where the defendant is domiciled can have jurisdiction.
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