How to protect your rights if the copyright of your work is counterfeited
(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. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
(3) Arbitration. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, the parties may apply for arbitration again or file a lawsuit with the People's Court for the same copyright dispute. The arbitration committee or the People's Court Will not be accepted.
The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement. If the People's Court believes that the arbitration award should not be enforced under statutory circumstances, the parties may re-enter an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court.
(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. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
Of course, when a copyright owner is infringed by others, he can also apply for protection from the copyright administrative agency.The copyright administrative agency shall impose administrative penalties on the infringers upon their application (or ex officio). 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 have constituted a crime, the copyright owner can also report or file a complaint to the relevant department, and the relevant agency will initiate a public prosecution. The copyright owner can also There is a civil lawsuit attached.
The above are the answers to these questions. I hope it will be helpful to everyone. If you need help in this regard, the Legal Savior Network provides online lawyer consultation services and you are welcome to make legal consultations.
