What are the ways to resolve copyright disputes
Method 1: 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.
Path 2: Arbitration. Paragraph 2 of Article 55 of the "Copyright Law" stipulates: "..., you may also apply to an arbitration institution for arbitration based on the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract." Arbitration is exercised by arbitration institutions in accordance with the law. Legal actions to resolve copyright disputes have final legal effect. Only if one party fails to fulfill the arbitration award can the other party file a lawsuit.
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. One party If the arbitration award is not enforced, the other party files 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.
What is a copyright dispute
Copyright dispute refers to a dispute between the copyright owner and the user of the work or any other Disputes between third parties regarding the exercise of copyright.
Copyright disputes include copyright infringement disputes and copyright contract disputes. The former refers to the dispute between the parties to the dispute over whether the actor's behavior constitutes an infringement, whether he bears infringement liability, what kind of liability he bears and who bears it. The latter refers to the double contractDisputes between the parties regarding issues arising during the conclusion and performance of the contract.
What is copyright
Copyright, also known as copyright, refers to the author and other rights holders’ rights to literature, A general term for personal and property rights enjoyed in 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.
There are three ways to handle copyright disputes: mediation, arbitration, and litigation. The above is the relevant information on the handling of copyright disputes compiled by the editor of Legal Savior. I hope it will be helpful to everyone. If you have any other questions, please feel free to consult online.