How to resolve copyright infringement disputes
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. 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. 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. 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 resolves civil disputesThe ultimate way. Civil litigation applies to both tort disputes and contract disputes.
What constitutes the crime of copyright infringement
The crime of copyright infringement refers to the violation of copyright for the purpose of profit. Copyright management regulations, infringement of other people's copyrights, illegal gains of large amounts, or other serious circumstances without the permission of the copyright owner.
Several types of copyright infringements stipulated by law are as follows:
Article 47 of China’s Copyright Law Article 48 stipulates 15 types of infringement of copyright and copyright-related rights and interests. However, according to this article, only the following four infringement acts can constitute the crime of copyright infringement:
1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner.
2. The act of publishing books for which others have exclusive publishing rights. Publishing refers to the act of editing and processing a work and then copying it and releasing it to the public.
3. Copying and distributing audio and video recordings without the permission of the audio and video producers is an infringement of the neighboring rights of the audio and video producers.
4. The act of producing and selling works of art that counterfeit the signature of others is an act of illegally making profits in the name of others.
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. There is a civil lawsuit attached.
