How to solve e-commerce copyright infringement
Copyright disputes can be mediated, or based on a written arbitration agreement reached by the parties or Regarding the arbitration clause in the copyright contract, apply for arbitration to an arbitration institution.
"Copyright Law" Article 47
Whoever commits the following infringement acts , should, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publishing his works without the permission of the copyright owner;
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Signing other people’s 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 works in exhibitions, making movies, or using methods similar to making movies without the permission of the copyright owner , or use the work in the form of adaptation, translation, annotation, etc., except as otherwise provided for in this law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Copyright holders of unfilmed works and works created by methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights With the permission of the other party, the works or audio and video recordings may be rented out, except as otherwise provided for in this Law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights and interests.
Infringement of Article 49 of the Copyright Law In the case of copyright or copyright-related rights, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
The actual losses of the right holder or the infringer’s illegal conduct If the income cannot be determined, the people's court shall award a compensation of not more than 500,000 yuan based on the circumstances of the infringement.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters that you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
