How to protect software copyright authorship
1. Negotiate on your own. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to realize and safeguard its rights and interests quickly and effectively, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation. It means that the two parties negotiate to resolve disputes with the assistance of a third party. The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to preside over the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced.
3. Arbitration. According to Article 55 of the Copyright Law, both parties may apply to an arbitration institution for arbitration based on the written arbitration agreement or the arbitration clause in the copyright contract. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause.
4. Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate the agreement or regret it after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or even though the arbitration award has been However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, it can directly file a lawsuit with the People's Court.
Of course, when a copyright owner is infringed by others, he can also apply to the copyright administrative agency for protection, and the copyright administrative agency will grant him protection based on his application (or ex officio). Administrative penalties for infringers. However, the scope of copyright administrative management according to law is narrow and only applies to the eight types of content specified in Article 47 of my country’s Copyright Law. If the party concerned is dissatisfied with the administrative penalty decision of the copyright administrative authority, he or she may apply for reconsideration or file a lawsuit under the People's Law.
For those infringements that seriously infringe copyright and constitute crimes, the copyright owner alsoA case or complaint can be reported to the relevant department, which will initiate a public prosecution. The copyright owner may also file an incidental civil lawsuit.
I hope that through the above content you can have a deeper understanding of this issue. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
