The other party plagiarized my novel, can I sue him?

If the other party plagiarizes the novel and is suspected of copyright infringement, you can sue him. The statutory conditions for prosecution are: the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; the defendant is clear; there are specific litigation claims, facts and reasons; it falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit. Regarding the question of whether I can sue the other party for plagiarizing my novel, the editor of Legal Savior Network will answer it in detail for you below.

1. Can I sue the other party for plagiarizing my novel?

The other party If someone plagiarizes a novel and is suspected of copyright infringement, he can be sued. The statutory conditions for prosecution are: the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; the defendant is clear; there are specific litigation claims, facts and reasons; it falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

Legal basis:

"Civil Procedure Law"Article 122

A prosecution must comply with the following Conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.

2. Is it useful to find a lawyer for infringement disputes?

Lawyers come from the grassroots and represent the people in litigation. They understand people's sentiments, are close to people's lives, and can use the perspective of civilians. Compassion mentality. Responsible spirit. Good qualities. Patiently listen to the demands of the masses, answer their inquiries conscientiously, and coordinateAnd handle various interest disputes, provide relevant legal relief and assistance, so that lawyers have a certain affinity among the masses, and the masses are more willing to accept lawyers' answers and solution opinions.

In infringement cases, lawyers can judge whether there is infringement based on their professionalism, and make reasonable countermeasures to the infringement cases to better protect the victims. the legitimate rights and interests of the infringer.

3. How to protect my rights if the other party plagiarizes my novel?

(1) Prepare evidence (it is best to hire a lawyer to intervene)

(1) Evidence that you are the author of the work;

(2) Evidence of the other party’s infringement;

(3) Evidence of the other party’s profit or loss to you;

(2) Send a lawyer’s letter to negotiate

You can hire a lawyer to help you send a letter to negotiate with the infringer Communication, if both parties can reach an agreement on compensation, this method of rights protection will be quick and convenient. If the other party is unwilling to negotiate or cannot reach an agreement, you can further file a lawsuit in court.

(3) Prosecution

Litigation mainly relies on evidence and familiarity with copyright A lawyer can ask the other party to stop infringement, apologize on websites, media, etc., and compensate for losses.

If the other party refuses to perform after you win the lawsuit, you can also apply to the court for enforcement.

[Warm reminder]: The editor tells you: the copyright and copyright of the novel are protected by law, and the characters and plots are protected by law. It is self-created, and any unauthorized use without payment of remuneration will bear legal responsibility. If the plagiarism is serious, you can also ask for punitive damages. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.