What legal procedure does the original photographer take to accuse others of infringement?
Infringement of the author's copyright Yes, the copyright owner can demand compensation from the infringer. If the compensation issue cannot be negotiated, the copyright owner can file a lawsuit in court.
"Copyright Law of the People's Republic of China"Article 50: If the copyright owner or copyright-related right holder has evidence that others are committing or about to commit acts that infringe upon his or her rights, and if not stopped in time, his or her legitimate rights and interests will be irreparably damaged, Before filing a lawsuit, you may apply to the People's Court to take measures to order the cessation of relevant behavior and property preservation measures.
When the people's court handles the application in the preceding paragraph, it shall apply Articles 93 to 96 and Article 96 of the Civil Procedure Law of the People's Republic of China. The provisions of Article 99.
"Copyright Law of the People's Republic of China" Article 51: In order to prevent infringement, when the evidence may be lost or difficult to obtain in the future In such cases, the copyright owner or copyright-related rights holder may apply to the People's Court for evidence preservation before filing a lawsuit.
After the people's court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, it must start implementation immediately.
Article 55: Copyright disputes can be mediated, or they can 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. .
If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit in the People's Court.
The above knowledge is the editor's answer to the question "What legal procedures should the original photographer take to accuse others of infringement?" If the author's copyright is infringed, the copyright owner can claim infringement. If the compensation issue fails to be negotiated, the copyright owner can file a lawsuit in court. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
