1. What should I do if I don’t appeal if I get a copyright complaint?
(1 ) negotiate by yourself. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to realize and safeguard its rights and interests quickly and effectively, but 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.
2. Civil liability for copyright infringement includesWhich
Civil liability for copyright infringement mainly includes the following types:
1. Stop the violation. Stopping infringement means that the perpetrator is committing copyright infringement, and the rights holder has the right to request the court to order the perpetrator to immediately stop his illegal behavior.
2. Eliminate the impact and publicly apologize. This form of civil liability mainly applies to damage to the personal rights of copyrights. A public apology can be made orally, in writing, or by publishing an apology statement in a newspaper. The scope of the elimination of the impact and apology should also be commensurate with the extent of the infringement.
3. Compensate for losses. If a copyright or copyright-related right is infringed, the infringer shall compensate the right holder according to the actual loss; if the actual loss is difficult to calculate, the infringer may be compensated according to the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of not more than 500,000 yuan.
3. Principles of identification of copyright infringement
Copyright Principles for identifying infringement:
1. Principle of fault: According to the general provisions of the Civil Code and the specific provisions of the Copyright Law, fault is an item in the identification of copyright infringement. in principle.
2. Principle of damage: Tort is an act that infringes upon the legitimate rights and interests of others, and the act causes damage. Behavior without harmful consequences does not constitute an infringement. Since torts are always associated with damaging consequences, some scholars refer to torts as tortious damages.
3. Principle of fairness: The principle of fairness has been widely used in the field of civil rights protection.
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