What to do if the copyright has been used before registration
According to my country's "Copyright" According to the provisions of the Law, any disputes arising from copyright registration can be resolved through agreement. If the dispute cannot be resolved through negotiation, a lawsuit can be filed in the People's Court.
"Copyright Law of the People's Republic of China"
Article 55 Copyright disputes can be mediated. You can also apply for arbitration to an arbitration institution 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, nor have they entered into an arbitration clause in the copyright contract, they may file a lawsuit directly with the People's Court.
Ways for handling copyright disputes
1. Mediation
Mediation refers to a dispute resolution method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. Mediation organizations can be copyright administrative departments and other departments, or other social groups and mass organizations. Both copyright infringement disputes and contract disputes can be resolved through mediation. Mediation agreements are not legally binding and cannot be enforced. After reaching an agreement, if one party regrets and does not agree to implement the mediation agreement, the mediation agreement will lose its validity and the parties can resolve the dispute through litigation.
2. Arbitration
Arbitration refers to the arbitration institution’s decision on the parties in accordance with certain arbitration procedures. A dispute resolution method that adjudicates disputes. Copyright arbitration is conducted by copyright arbitration institutions. It is mainly applicable to the resolution of copyright contract disputes. Moreover, the copyright contract must have an arbitration clause or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, it cannot Arbitrate. writeArbitrations conducted by copyright arbitration agencies are legally enforceable. If one party fails to perform the arbitration award, the other party may apply to the People's Court for enforcement.
3. Litigation
Copyright litigation refers to the use of Litigation procedure is a way to resolve copyright disputes. Litigation is the main method for resolving copyright disputes stipulated in my country's Copyright Law. The parties may directly bring a lawsuit to the People's Court or if mediation between the parties fails or one party regrets after reaching an agreement through mediation, they may also bring a lawsuit to the People's Court. In addition, if the People's Court executing the arbitration application finds that the arbitration award is illegal, it has the right not to enforce it and the parties shall You can also file a lawsuit with the People's Court regarding contract disputes. The statute of limitations for a party to apply to the People's Court for copyright protection is two years, and the statute of limitations begins when the copyright owner knows or should have known that his rights have been infringed. During the trial of a case, the people's court may confiscate illegal gains, infringing copies, and property used for illegal activities in case of infringement of copyright or copyright-related rights.
my country's "Copyright Law" also stipulates evidence preservation measures for parties during the litigation process. In order to prevent infringement, if the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights holder may apply to the people's court to preserve evidence 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, the implementation shall begin immediately. If a party applies for evidence preservation, the people's court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. If the applicant does not file a lawsuit within 15 days after the People's Court takes preservation measures, the People's Court shall lift the preservation measures. The provisions on preservation measures are conducive to the protection of the rights of the infringed party and are also conducive to the court's hearing of the case.
my country's "Copyright Law" also stipulates that the copyright owner or copyright-related rights holder has evidence to prove that others are committing or about to commit acts that infringe upon their rights, such as If failure to stop it in time will cause irreparable damage to the person's legitimate rights and interests, he or she may apply to the People's Court for an order to stop the relevant behavior and measures to preserve property before filing a lawsuit. Such regulations will help better protect the interests of copyright owners and make measures to order copyright owners to stop infringement more effective.
Copyrighted works
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1. Written works: novels, essays, essays, poems, scripts, academic papers, books, journals, textbooks, letters. Diaries, newspapers, advertising slogans. Not all works in the form of written works are written works Such as calligraphy works, which are a kind of art works.
2. Oral works: impromptu speeches, lectures, court debates, etc. expressed in oral and verbal forms Works.
3. Musical works: songs, symphonies and other works with or without words that can be sung or performed.
4. Drama works: dramas, operas, local operas and other works created for stage performances, such as scripts. (opera scripts, drama scripts, opera scripts, dance drama scripts)
5. Folk art works: cross talk, single string, storytelling, jokes, fast script, ** express book, ** drum, ** drum, Xihe drum, ** pendant and other forms of rap Script.
6. Dance works: The design of dance movements and the arrangement of procedures can be recorded in words or other specific ways. For example, expressed in the form of dance scores Dance works. Such as "Positioning Dance Notation Method"
7. Acrobatic art works: created for performances such as car acrobatics, ventriloquism, bowling, tightrope walking, lion playing, magic, etc. Script.
8. Art works: refers to paintings, calligraphy, sculptures, etc., which are plane or three-dimensional shapes with aesthetic significance composed of lines, colors or other methods. Art works. Pure art works: sketches, oil paintings, Chinese paintings, prints, watercolors, corporate logos, trademark graphics. Practical art works: ceramic art
9. Architectural works: design drawings of buildings or paintings, photography, etc. with buildings as the core.
10. Photographic works: pictures that objectively record the image of objects.
11. Film works and works created with methods similar to filmmaking: film works (sound, silent), television works, video works, etc.
12. Graphic works: engineering design drawings, product design drawings, maps, circuit diagrams, anatomical drawings
13. Model works: three-dimensional works made of a certain proportionProducts, such as miniature landscapes.
14. Computer software: computer programs and related documents. .Computer program includes: source program and target program. The Source and Object Texts of the same program shall be deemed to be the same work. .Documents: programming instructions, flow charts, user manuals, etc.
15. Folk literary and artistic works: mythological stories, folk fables, folk legends, folk operas, folk songs, folk songs, folk music, folk dances, folk plastic arts and Folk architectural art, etc.
The above knowledge is the editor's answer to the question "What to do if the copyright has been used before registration". According to the provisions of my country's Copyright Law, copyright registration If a dispute arises, it can be resolved by agreement. If the dispute cannot be resolved through negotiation, a lawsuit can be filed in the People's Court. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
