What are the methods for resolving authorship disputes?

According to the provisions of my country's Copyright Law, Copyright is protected by law. There are many rights under copyright, including personal rights and property rights. The most important personal right is the right of signature. So what are the ways to resolve disputes over signature rights? Below, the editor of Legal Savior Network will provide readers with relevant answers.

What are the methods for resolving authorship disputes

What are the ways to resolve disputes over authorship rights? If you are dissatisfied with the specific administrative actions of the copyright administrative authority, you can resolve the administrative dispute according to the administrative litigation procedures, that is, you can apply for administrative reconsideration and file an administrative lawsuit.

1. Administrative review

If the party concerned is dissatisfied with the administrative penalty imposed by the copyright administrative agency, he may apply for reconsideration to the copyright administrative agency or its superior administrative agency. .

2. Administrative litigation

Article 56 of the "Copyright Law" If the person refuses to accept the penalty, he or she may file a lawsuit with the People's Court within three months from the date of receipt of the administrative penalty decision. If the person does not file a lawsuit or perform the punishment within three months, the copyright administrative department may apply to the People's Court for enforcement.

What are the types of copyright disputes

1. For others Disputes over copyright ownership of written reports, speeches and other works. For reports, speeches and other works written by others, reviewed and finalized by me and published in my own name, the copyright belongs to the speaker or speaker. However, if reports or speeches made out of their own work are government work or public welfare work, the reporter or speaker does not enjoy copyright.

2. Disputes between the copyright holder’s exercise of copyright and the owner of the work’s exercise of ownership. If a work is legally owned by another person, and the copyright owner needs to use the work, the copyright owner has the right to use it, and the owner of the work may not unreasonably refuse. However, the copyright owner should explain the reason for use. The owner of the work can provide corresponding guarantees to the copyright holder. If the copyright owner destroys or loses the work during the use of the work, the copyright owner shall be liable for compensation.

3. Copyright disputes over the use of other people’s musical works. Anyone who uses other people's musical works for profit-making purposes shall pay remuneration to the author.

4. Disputes over the ownership of the copyright of autobiographical literary works. For autobiographical literary works of a specific person, it generally depends on whether the author of the work has an agreement with the specific person. If there is no written agreement, the specific person should enjoy the copyright.

5. Copyright disputes caused by advertising slogans. When an advertising slogan meets the constituent elements of a work, it should be protected by copyright law, as long as the advertising slogan is original and constitutes a work.

6. Copyright disputes in edited works. The editor enjoys the copyright of the edited work, but the edited work must not infringe the copyright of the original work. At the same time, the author of a work that can be used alone in an edited work has the right to exercise his or her copyright alone.

7. Disputes over the ownership of the copyright of works created on the same theme. Different authors create similar works on the same subject, which can easily lead to copyright ownership disputes, or one party may claim that the other party has plagiarized or plagiarized the work. According to the provisions of the Copyright Law on the constituent elements of a work, if the expression of the work of both parties is independently created and is original, it should be determined that both parties to the dispute independently enjoy the copyright.

8. Disputes over the copyright ownership of artistic works. If there is no direct evidence to prove it, it generally needs to be judged from whether the artistic value of the work is equivalent to the author's painting ability, whether the painting details of the disputed work are consistent with the statement of the party concerned, and the results of on-site copying and appraisal.

9. Seller infringement disputes. If a seller knowingly sells goods that infringe the copyright of others, the civil liability for infringement shall be determined based on factors such as the amount of sales, the circumstances of the infringement, and the losses caused to the copyright owner.

10. Contract disputes between copyright owners and users of works.

11. Disputes between the publishing unit and the author. Publishing units and authors sometimes have disputes over the loss or damage of manuscripts, and sometimes disputes over whether they enjoy exclusive publishing rights. In fact, the above dispute is not a copyright dispute, but a publishing contract dispute.

The above knowledge is the editor's answer to the question "What are the methods for resolving signature rights disputes?" The method for resolving signature rights disputes depends on the type of signature rights disputes. If signature rights are an administrative dispute, administrative litigation can be filed. Or administrative reconsideration. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.