How to resolve copyright infringement disputes
Methods to resolve copyright disputes:
1. Negotiate by yourself. 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. 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. Both parties may apply for arbitration to an arbitration institution 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. between the partiesA valid arbitration agreement excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, if the parties apply for arbitration or file a lawsuit with the People's Court on the same copyright dispute, the Arbitration Committee or the People's Court will not accept it. . 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 have neither a written arbitration agreement nor 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. 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 file an incidental civil lawsuit.
Disputes over copyright infringement mainly involve copyright infringement of others Infringement has been caused, and in this case, the interests of the copyright owner will inevitably be affected. For the sake of safeguarding rights, copyright owners will inevitably pursue legal liability against infringers. However, when pursuing liability, the method by which copyright infringement disputes should be resolved depends on the actual situation. If you choose to file a lawsuit directly with the People's Court, this is also possible.
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