What to do if your copyright is infringed
1. Negotiate on your own. 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. It means that the two parties negotiate to resolve disputes with the assistance of a third party. The scope of mediators is very wide. Both parties can choose agencies or individuals trusted by both parties, such as copyright administrative agencies, people's mediation committees, lawyers, etc., to preside over the mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced.
3. Arbitration. According to Article 55 of the Copyright Law, both parties may apply to an arbitration institution for arbitration based on the written arbitration agreement or the arbitration clause in the copyright contract. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause.
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.
Of course, when a copyright owner is infringed by others, he can also apply to the copyright administrative agency for protection, and the copyright administrative agency will grant him protection based on his application (or ex officio). Administrative penalties for infringers. However, the scope of copyright administrative management according to law is narrow and only applies to the eight types of content specified in Article 47 of my country’s Copyright Law. If the party concerned is dissatisfied with the administrative penalty decision of the copyright administrative authority, he or she may apply for reconsideration or file a lawsuit under the People's Law.
For those infringements that seriously infringe copyright and have constituted a crime, the copyright owner can also report or file a complaint to the relevant department, and the relevant agency will initiate a public prosecution.Initiate an accompanying civil lawsuit.
What are the acts of copyright infringement
1. Publishing without permission;
2. Publish works in collaboration with others as your own alone without permission;3. Not participating in the creation, but signing other people’s works;
4. Distorting or tampering with other people’s works;
5. Plagiarizing other people’s works;
6. Exhibiting, filming, adapting, translating, and annotating other people’s works without permission;
7. Using other people’s works without payment;
8. Renting film works without permission;
9. Recording, live broadcasting or publicly transmitting performers' performances without permission;
10. Without permission, Use the layout and binding design of the publisher’s publications;
11. Other acts that infringe copyright and copyright-related rights and interests;
12. Copy, distribute, perform, broadcast, assemble, and disseminate to the public the works of the copyright holder through information networks without permission;
13. Publishing books for which others have exclusive publishing rights;
14. Copying or distributing audio-visual products recording performances of performers without permission, or through information networks Disseminate their performances;
15. Copy, distribute, and disseminate to the public through information networks audio and video products produced by others without permission;
16. Playing or copying radio or television without permission;
17. Deliberately avoiding or destroying copyright without permission; The technical protection measures taken by the person or relevant rights holders on their works and products;
18. Intentional deletion without permission can change the rights management electronic information left on the work or product by the copyright owner or related rights holder;
19. Produce and sell works with counterfeit signatures of others.
The above is the relevant knowledge about copyright infringement compiled by the editor of Legal Savior Network for you. If you are in this situation, you can consult our lawyers , our Legal Savior Network platform provides you with free legal consultation. You can consult any online lawyer to solve your problems.
