1. What are the main online copyright infringements
1. Online copyright infringement The main types of infringement are as follows:
(1) Reprinting other people’s works through online media without the permission of the copyright owner;
(2) Without the permission of the copyright owner, re-disseminate works that have been published in traditional media through online media;
(3) Disseminating works through traditional media without the permission of the copyright owner.
2. Legal basis: "Copyright Law 2020 Amendment"
Fiftieth Article 3 Anyone who commits the following infringements shall bear the civil liability stipulated in Article 52 of this Law according to the circumstances; if the infringement also harms public interests, the department in charge of copyright shall order the infringement to cease, issue a warning, and confiscate the illegal gains. Confiscate, harmlessly destroy and dispose of infringing copies as well as materials, tools, equipment, etc. mainly used to make infringing copies. If the illegal business volume exceeds 50,000 yuan, a fine of not less than one time but not more than five times the illegal business volume may be imposed; If there is no illegal business volume, the illegal business volume is difficult to calculate or is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
(1) Copying, distributing, performing, screening, broadcasting, compiling, or disseminating the work to the public through information networks without the permission of the copyright owner, except as otherwise provided for in this law;
(2) Publishing books for which others have exclusive publishing rights;
(3) Without the permission of the performer , copying and distributing audio and video recordings of their performances, or disseminating their performances to the public through information networks, except as otherwise provided for in this law;
( 4) Copying, distributing, and disseminating to the public the audio and video products produced by the audio and video producers without the permission of the audio and video producers, unless otherwise provided for in this law;
(5) Playing, copying or disseminating radio or television to the public through information networks without permission, except as otherwise provided for in this law;
(6) Intentionally avoiding or destroying technical measures without the permission of the copyright owner or copyright-related rights holder, intentionally manufacturing, importing or providing to others devices or components mainly used to avoid or destroy technical measures, or intentionally Providing technical services for others to circumvent or destroy technical measures, unless otherwise provided by laws and administrative regulations;
(7) Without the permission of the copyright owner or the copyright owner, With the permission of the relevant right holder, intentionally delete or change the rights management information of a work, layout design, performance, audio or video recording, or radio or television broadcast, if the person knows or should know that the work, layout design, performance, audio or video recording, or broadcast or television broadcast The rights management information has been deleted or changed without permission and is still provided to the public, unless otherwise provided by laws and administrative regulations;
(8) Production, Selling works with counterfeit signatures of others.
2. How to protect copyright infringement
1. You can negotiate by yourself. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to quickly and effectively realize and safeguard its rights and interests, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
2. Mediation is also possible. Refers to the two parties negotiating to resolve disputes with the assistance of a third party. The scope of mediators is very wide in our country. Both parties can choose copyright administrative agencies, people's mediation committees, lawyers, etc.An appointed agency or individual may preside over the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced.
3. There is also arbitration. According to Article 54 of the Copyright Law, both parties may apply to an arbitration institution for arbitration based on the written arbitration agreement or the arbitration clause in the copyright contract. Arbitration is often limited to contract disputes, and submission to the arbitration institution must have a written agreement or written arbitration clause.
4. Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate or regret after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; despite the arbitration award, the People's Court believes that If the arbitration award is not legally enforceable, you can file a lawsuit directly with the People's Court.
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