What are the preparation matters before online copyright litigation
1. Issuing a lawyer’s letter
For each video website that ignores Infringement, we can first send a lawyer's letter to the other party, To fulfill our notification obligation, if a video website deletes the video file after receiving the lawyer's letter, we can temporarily suspend its review. However, generally the video website may still upload the video a few days after the suspension. At this time, we do not If you need to send another letter to inform you, you can start the next process directly. When sending a letter, it is sufficient to submit a written or electronic version without faxing.
2. Examine whether the applicant has the right to sue
The beginning or end of a general movie video or at The producer, investor, and producer of the work will be displayed on the cover of the CD. So who is the right holder of the work? Determining who has the real copyright is beneficial to the development of the case. In practice, we generally require producers, investors, and producers to provide us with a copyright statement; or let these parties authorize all their rights to one party, allowing it to enjoy sufficient rights to sue on its behalf.
3. Evidence preparation
When we determine that the video website has been storing videos of rights infringers, how should we protect this evidence? What about being disappeared? We can go to the notary office to do justice to this, because in the court trial, the notarization issued by the notary office can directly be used as the basis for determining the facts.
4. Submit as much relevant materials to the court as possible Short
In recent years, my country’s intellectual property awareness has increased There has been a great improvement, and there are more and more disputes accompanying it. In so many cases, it is impossible for judges to review the materials submitted word for word, so the descriptions in the materials should be as clear and concise as possible, and remember to make lengthy statements. .
5. Jurisdiction of the case
Supreme People's Court "On Applicable Laws in the Trial of Cases Involving Computer Network Copyright Infringement Disputes" Interpretation of Several Issues" Article 1 "Internet copyright infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes the location of the network server, computer terminal and other equipment that carried out the alleged infringement. For cases where it is difficult to determine the infringement act If the place of infringement and the defendant’s domicile are different, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement.” However, in practice, the place of copyright infringement is often not supported, and the case is determined based on the defendant’s domicile. jurisdiction.
The above information collected by the editor can help you know the relevant preparation matters that need to be prepared before filing a lawsuit for online works. For details, see the above content. In real life, if you encounter such problems and have questions or want to know relevant legal knowledge, you are welcome to consult the Legal Savior Network. There are professional lawyers here to provide you with more comprehensive and considerate high-quality services.
