1. What are the ways to resolve copyright disputes
Mediation . Article 55, paragraph 1, of the Copyright Law stipulates that copyright disputes can be mediated. Mediation is a method for parties to a dispute to reach an agreement to resolve disputes on the basis of mutual understanding on the basis of voluntariness. Of course, after reaching an agreement, it is very likely that one party will go back on his word, fail to implement the mediation agreement, and the mediation fails. The parties may also file a lawsuit with the People's Court and request a judgment.
Method 2: Arbitration is a legal act performed by an arbitration institution to resolve copyright disputes in accordance with the law. It has final legal effect. Only if one party fails to fulfill the arbitration award, the other party will A lawsuit can be filed.
Path three: litigation. Litigation is a way to resolve disputes through judicial procedures. It is mainly used for:
1. The parties directly file a lawsuit with the People's Court to resolve copyright disputes;
2. If an agreement cannot be reached through mediation or one party regrets after reaching an agreement, the other party will resolve the dispute through litigation;
3. If one party fails to implement the arbitration award, the other party will file a lawsuit to resolve the dispute.
The statute of limitations for litigation is three years. If the lawsuit exceeds three years, the chance of winning will be lost.
2. What are copyright disputes
Copyright disputes refer to disputes between the copyright owner and the user of the work or any other third party regarding the exercise of copyright.
Copyright disputes include two categories: copyright infringement disputes and copyright contract disputes. The former refers to the parties to the dispute regarding whether the perpetrator’s behavior constitutesInfringement occurs, disputes arise over issues such as whether to bear infringement liability, what kind of liability and who should bear it. The latter refers to disputes between the parties to a contract regarding issues that arise during the conclusion and performance of the contract.
3. What is copyright
Copyright is also called copyright , refers to the general term for the personal rights and property rights enjoyed by authors and other rights holders in literary, artistic and scientific works. It is divided into moral rights and property rights. The connotation of moral rights includes the right of publicity, the right of name expression, and the right to prohibit others from using the work to damage the reputation of the author in a distorted or altered manner. Copyright property rights are intangible property rights that are based on human intelligence and are therefore a type of intellectual property rights, including reproduction rights, public dictation rights, public broadcast rights, public screening rights, public performance rights, and public transmission rights. Right of public display, right of modification, right of distribution, right of rental, etc. Copyright protects the expression of ideas, not the ideas themselves. While protecting private property rights, the accumulation of civilization and the dissemination of knowledge must be taken into consideration. Algorithms, mathematical methods, technology or machine designs are not covered by copyright. Object of protection. It is a time-limited right, and anyone can freely use it after a certain period of time.
We can understand that there are several ways to deal with copyright disputes, which can be resolved through negotiation. If negotiation cannot be achieved, you can file a lawsuit in court. I hope Everyone can understand. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.
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