How to resolve copyright disputes
my country's Copyright Law stipulates three types of Methods of mediating copyright disputes, namely mediation, arbitration and litigation.
When the parties encounter a copyright contract dispute or the rights of the copyright owner are infringed, they can resolve the dispute through negotiation. However, if both parties have different understandings of the rights and wrongs, or it is difficult to reach an agreement on civil liability such as damages, the dispute between them needs to be resolved through the following three ways.
1. Mediation, If the parties are unwilling to mediate, if mediation fails, or one party regrets after reaching a mediation agreement, they need to seek arbitration or litigation to resolve the dispute.
2. Arbitration. Arbitration is an important way for parties to resolve disputes. It has the characteristics of voluntariness of the parties, simple procedures, expert decision-making, peaceful atmosphere, It has the characteristics of strong confidentiality and final ruling. The premise for parties to apply for arbitration is that both parties have a written arbitration agreement.
3. Litigation. Litigation is a way for parties to resolve their copyright disputes through trials in the People's Court. If a copyright contract dispute occurs between the parties or the rights of the copyright owner are infringed, they can file a lawsuit with the People's Court in accordance with the provisions of the Civil Procedure Law to protect their legitimate rights and interests.
Article 55 of the "Copyright Law" Copyright disputes may be mediated, or may be settled in accordance with the written arbitration agreement reached by the parties or the copyright contract. According to the arbitration clause, apply for arbitration to the arbitration institution.
If the parties do not have a written arbitration agreement, nor have they entered into an arbitration clause in the copyright contract, they may file a lawsuit directly with the People's Court.
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