1. Whether copyright infringement precedes administrative procedures
After copyright infringement, If a dispute arises over the issue of compensation, it is not subject to administrative procedures. The copyright owner can directly file a lawsuit in the People's Court and claim compensation.
Article 60 of the Copyright Law of the People's Republic of China
Copyright disputes can be mediated. You can also apply for arbitration to an arbitration institution based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract. If the parties do not have a written arbitration agreement or enter into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
2. What are the copyright infringements
Unauthorized The act of copying and distributing literary works, music, movies, television, video works, computer software and other works with the permission of the copyright owner.
Without the permission of the copyright owner means without the consent of the copyright owner.
The copyright holder generally refers to the author, and may also be other citizens, legal persons or unincorporated entities that enjoy copyright in accordance with the law.
According to the "Copyright Law", it is hosted by a legal person or an unincorporated unit, creates on behalf of the will of the legal person or unincorporated unit, and the legal person or unincorporated unit bears responsibility For a work, a legal person or non-legal entity is regarded as the author and enjoys copyright;
The copyright of a derivative work is enjoyed by the performer, and the copyright of a collaborative work is jointly enjoyed by the co-authors, such as If the works can be used alone or divided, the author can enjoy the copyright alone;
The director, screenwriter, lyricist, composer, and photographer of film, television, and video worksThe author enjoys the right of signature, and other copyright rights are enjoyed by the producer. If the script, music, etc. can be used alone, the author has the right to exercise his copyright alone.
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