If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
Explanation: This article stipulates ways to resolve copyright disputes.
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. Mediation is a way to coordinate the interests of both parties under the auspices of a third party and enable both parties to resolve disputes on a voluntary basis. Mediation should be conducted on the basis of the voluntariness of the parties. One party cannot force the other party to accept its will, and a third party cannot force 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 is an important way for the parties to resolve disputes. It has the characteristics of voluntariness of the parties, simple procedures, expert determination, peaceful atmosphere, strong confidentiality, and final award. Efficacy and other characteristics. The premise for parties to apply for arbitration is that both parties have a written arbitration agreement.
There are two types of arbitration agreements:
One is the arbitration clause entered into in the copyright contract ;
The second is an arbitration agreement concluded separately by other means. Whether it is an arbitration clause or an arbitration agreement entered into separately in other ways, or whether it is an arbitration agreement involving future disputes or existing disputes, its effect is the same and has the same legal effect.
The arbitration agreement signed by the parties should have three aspects:
The first is the request for arbitration Expression of meaning.
The second is arbitration matters.
The third is the selected arbitration committee.
3. Litigation. Litigation is a way for the 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.
