Is it possible to obtain legal remedies after a prohibited work has been infringed?

Legal remedies can also be obtained after prohibited works are infringed. However, when a work is prohibited from publication and dissemination because its content is fundamentally illegal, no one, including the author himself, may publicly exploit the work in any way. . Below, the editor of Legal Savior Network will provide readers with relevant answers.

1. Can legal remedies be obtained after a prohibited work is infringed

1. According to the provisions of our country’s laws, legal remedies can also be obtained after prohibited works are infringed. However, when a work is prohibited from publication and dissemination because its content is fundamentally illegal, no one, including the author himself, may use it in any way. method of publicly exploiting the work. The author certainly has no way of legally obtaining any financial benefit from the work. Since there is no legal loss, it is meaningless to request legal relief.

2. Legal provisions: "Copyright Law of the People's Republic of China"

Article 4 When exercising copyright, copyright owners shall not violate the constitution and laws, or harm public interests. The state supervises and manages the publication and dissemination of works in accordance with the law.

Article 5 This law does not apply to:

(1) Laws, regulations, resolutions, decisions, orders of state agencies and other matters of a legislative, administrative or judicial nature Documents, and their official official translations;

(2) Current affairs news;

(3) Calendars, general number tables, general tables and formulas.

Article 54 If a copyright or copyright-related rights is infringed, the infringer shall be subject to the consequences of Compensation shall be provided for the actual losses of the infringer or the illegal gains of the infringer; if the actual losses of the right holder or the illegal gains of the infringer are difficult to calculate, compensation may be made with reference to the royalties for the right. For intentional infringement of copyright or copyright-related rights, the circumstances are serious , compensation can be given between one time and five times the amount determined according to the above method.

The actual losses of the right holder, the illegal gains of the infringer, and royalties If it is difficult to calculate, the People's Court shall decide to award a compensation of not less than 500 yuan but not more than 5 million yuan based on the circumstances of the infringement.

The amount of compensation should also include rights Reasonable expenses paid by people to stop the infringement.

In order to determine the amount of compensation, the people's court shall assume that the right holder has fulfilled the necessary burden of proof and the infringement-related If the account books, materials, etc. are mainly controlled by the infringer, the infringer may be ordered to provide the account books, materials, etc. related to the infringement; if the infringer fails to provide them, or provides false account books, materials, etc., the people's court may refer to the rights holder's claims and The evidence provided determines the amount of compensation.

The People's Court hears copyright dispute cases and, at the request of the right holder, orders the destruction of infringing copies except under special circumstances; Materials, tools, equipment, etc. mainly used to make infringing copies shall be ordered to be destroyed without compensation; or in special circumstances, the aforementioned materials, tools, equipment, etc. shall be ordered to be prohibited from entering commercial channels without compensation.

2. Will the copyright expire?

(1) First of all , copyright can be specifically divided into the following two types:

1. Personal rights of copyright: right of publication , right of signature, right of modification, right to protect the integrity of the work.

2. Copyright property rights: Reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, compilation rights, translation rights and other rights that should be enjoyed by the copyright owner.

The right to authorize, modify, and protect the integrity of the work in the moral rights of the copyright are permanently protected by law, that is, Never expires.

(1) The right of authorship, which indicates the identity of the author, in The right to sign on the work;

(2) The right to modify, that is, to modify or authorize others The right to modify the work;

(3) Protect the integrity of the work, that is, protect the work from The right to be distorted or tampered with.

(2)Secondly, in addition to the right to authorize, modify and protect the integrity of the work, the protection period of other rights will vary depending on the copyright owner and the nature of the work:

1. Depending on the copyright owner:

(1) If the author of the work is a citizen, the protection period of his property rights is the lifetime of the author plus 50 years after his death.

(2) For works of legal persons or non-legal entities, the copyright belongs to the legal person or non-legal person The protection period of the rights to publish, use and receive remuneration for the work owned by the unit is 50 years. However, if the work is not published within 50 years from the completion of creation, the copyright law will no longer protect it.

2. Depending on the nature of the work:

(1) The right to publish, use and receive remuneration in film, television and video works and the protection period of copyright in photographic works The period is 50 years, ending on December 31 of the 50th year after the work was first published. However, if the work has not been published within 50 years since its creation, its copyright will no longer be protected.

(2) Protection period of the right to publish, use and receive remuneration for collaborative works Add 50 years after the author's death to the author's life, but the calculation of 50 years is based on the death time of the last co-author among the co-authors.

(3) For works of unknown author, the right to use and the right to receive remuneration The protection period is 50 years, ending on December 31 of the 50th year after the work was first published. However, once the author's identity is determined, the general provisions of copyright law apply.

(4) The exclusive publishing right of the book publishing unit. The contract stipulates that the book publisher shall enjoy exclusive publishing rights for a period of no more than 10 years, and the contract can be renewed upon expiration.

(5) The protection period for the right to use audio and video works and the right to receive remuneration is 50 years, ending on December 31 of the 50th year after the work was first published.

(6) The protection period for the right to use radio and television programs and the right to receive remuneration is 50 years, ending on December 31 of the 50th year after broadcast.

The above knowledge is the editor’s answers to relevant legal issues, After a prohibited work is infringed, you can also obtain legal rescue for the work. Of course, the author has no way to legallyeconomically