How to protect rights if the authorship rights of collaborative works are infringed

In real life, intellectual property disputes often occur. In our country’s judicial practice, cases regarding copyright and patent rights also often occur, and disputes over the authorship of joint creations and inventions between two people are the most difficult to hear. How should you protect your rights if the authorship rights of collaborative works are infringed? The Legal Savior Network is here to answer your questions.

The right to authorize collaborative works is How to protect rights in case of infringement

1. Self-mediation span>

If the right of signature has been infringed, the infringed party can mediate on its own. 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".

(1) Limitation of action

The statute of limitations for copyright infringement is two years, calculated from the date when the copyright owner knew or should have known about the infringement. If the rights holder files a lawsuit more than two years ago, if the infringement is still ongoing when the lawsuit is filed, During the copyright protection period, the People's Court shall order the defendant to stop the infringement; the amount of infringement damages shall be calculated forward two years from the date when the right holder files a lawsuit with the People's Court.

Infringement of authorship rights

1. Infringements clearly stipulated in the Copyright Law

(1) Without the permission of the co-author, the work created in collaboration with others is published as a work created solely by oneself ;

(2) Did not participate in the creation, for the sake of profit Personal fame and fortune, signing on other people’s works;

(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 involve attributing the original author unless the parties agree or in accordance with industry practices that the work is not signed.

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