1. Disputes over reports, speeches and other works written for others.
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 exercise of copyright and the exercise of ownership rights by the owner of the work.
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. Using other people’s musical works. Anyone who uses other people's musical works for profit-making purposes shall pay remuneration to the author.
Last year, music copyright holders claimed copyright to karaoke bars, bars and other business establishments for free use of music works, which is a good example.
4. Disputes over the ownership of the copyright of autobiographical literary works.
For autobiographical literary works of specific characters, it generally depends on whether the author of the work has an agreement with the specific person. If there is no written agreement, the author of the work should be written by the specific person. Enjoy copyright.
5. Copyright disputes caused by advertising slogans.
When an advertising slogan meets the constituent elements of a work, it should be protected. As long as the advertising slogan is original and has constituted a work.
6. Copyright disputes in editing 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. JustDisputes over the copyright ownership of works created on the same theme.
Different authors create similar works on the same theme, which often easily leads to copyright ownership disputes, or one party may claim that the other party has plagiarized or plagiarized. 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 depends on whether the artistic value of the work is equivalent to the author's painting ability level, and whether the painting details and characteristics of the disputed work are consistent with the party's personality. Whether the statements are consistent and judged by on-site copying and identification results.
9. Seller infringement disputes.
If a seller knowingly sells goods that infringe upon the copyright of others, the seller shall make a decision based on factors such as the amount of sales, the circumstances of the infringement, and the losses caused to the copyright owner. , determine the civil liability for infringement. If a seller violates Article 46 of the Copyright Law, corresponding civil sanctions may be imposed.
10. Contract disputes between copyright owners and users of works. Article 47 of the Copyright Law provides for this. If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the Civil Code.
11. Disputes between publishing units and authors. 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.
For original creators, the generation of copyright requires a certain amount of time and energy, but when the copyright generates value, people will rush to use it. If there is no copyright registration in advance, you will encounter difficulties in protecting your rights. Therefore, in order to protect intellectual achievements, the original author needs to register the copyright in time and make a good copyright layout. After preparing these basic tasks, he can reap the copyright dividends in the future.
Handling method:
1. Negotiate by yourself. If both parties can reconcile after the infringement occurs, the copyright owner can quickly and effectively realize and safeguard his rights and interests., and can 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. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
3. Arbitration. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, the parties may apply for arbitration again or file a lawsuit with the People's Court for the same copyright dispute. The arbitration committee or the People's Court Will not be accepted. The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement. If the People's Court believes that the arbitration award should not be enforced under statutory circumstances, the parties may re-enter an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court.
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 the agreement or regret it after mediation; and the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or even though the arbitration award has been However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, it can directly file a lawsuit with the People's Court. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
