1. What are the jurisdictional courts for copyright disputes
1. Copyright disputes If it is an infringement dispute, it shall be under the jurisdiction of the people's court where the infringement occurred or where the defendant is located.
2. The place where the infringement occurs includes the place where the infringement is performed and the place where the result of the infringement occurs.
3. Legal basis: Article 29 of the "Civil Procedure Law of the People's Republic of China"
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" Article 24
2. Components of copyright infringement
Copyright infringement must meet the following three conditions:
1. The fact of infringement is that the perpetrator uses the copyright owner's works and performances without the copyright owner's permission and without complying with the conditions of use stipulated in the copyright law. , audio-visual products and radio and television programs. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law.
2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal.
3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer’s psychological state regarding his infringement and its consequences, including intentionality and negligence. form.
According to the provisions of the Civil Procedure Law, copyright disputes are infringement disputes and are under the jurisdiction of the people's court where the infringement occurs or where the defendant is located. The place where the infringement occurs includes the place where the infringement is committed and the place where the results of the infringement occur. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
