1. Where can I defend my rights if I find a copyright infringement?
Copyright infringement can be reported to the People's Court and copyright administrative departments. The local copyright administrative departments at the grassroots level are specifically responsible for local copyrights. The administrative departments are Refers to the copyright administrative departments established by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. If a copyright is infringed, the copyright administrative department may order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine.
"Copyright Law of the People's Republic of China"
Article 52 Anyone who commits the following infringements shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Without permission from the copyright owner (2) Without the permission of the co-author, the work created in collaboration with others is published as a work created solely by oneself;
(3) Without participating in the creation, for the purpose of seeking personal fame and fortune, signing someone else's work;
(4) Distorting or tampering with other people's works;
(5) Plagiarizing other people's works;
(6) Using the work by displaying or filming audio-visual works, or using the work by adapting, translating, annotating, etc., without the permission of the copyright owner, unless otherwise provided for in this law;
(7) For using other people's works, remuneration should be paid but has not been paid;
(8) Leasing originals or copies of audio-visual works, computer software, or audio and video products without the permission of the copyright owner, performer, or audio and video producer, unless otherwise provided for in this law;
(9) Using the layout design of books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or publicly transmit the live performance, or record the performance without the performer's permission;
(11) Other acts that infringe upon copyright and copyright-related rights.
2. Find a lawyer if you encounter copyright infringement What is the use?
Useful, the lawyer is familiar with the law, has rich experience in handling legal affairs, and can quickly help the parties understand the nature of the legal relationship etc., can help the parties handle the case more professionally. Through professional legal knowledge and case-handling experience, lawyers can raise well-founded questions and refute the other party in the mediation of infringement disputes, making it easier for the mediation to be successful. Infringement identification is the core and key of infringement disputes. The results of the appraisal directly affect the assumption of liability, the amount of compensation and the issue of winning the lawsuit. Therefore, the role of the lawyer becomes more important in the appraisal.
For each case, the appraisal agency requires the parties to write a written statement and key points of dispute, and submit evidence materials. These are the key points of verification by the appraisal agency. Because intellectual property rights are extensive and profound, appraisal institutions will also have many appraisal opinions. During appraisal, they should communicate with the appraisers frequently and provide theoretical literature as the basis for appraisal.
3. How much profit will be punished for infringing copyright?
Infringement of copyright, large amount of illegal gains or other serious circumstances will constitute a crime. If the illegal income reaches more than 30,000 yuan, it constitutes a large amount.
"Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)"Article 26
For the purpose of profit, copy and distribute the text without the permission of the copyright owner Works, music, movies, television, video works, computer software and other works, or publish books for which others have the exclusive right to publish, or reproduce and distribute the sound recordings or videos produced by them without the permission of the producers of sound recordings or videos, or produce, Anyone who sells works of art counterfeiting others' signatures and is suspected of one of the following circumstances shall be prosecuted:
(1) The amount of illegal income is more than 30,000 yuan;
(2) The amount of illegal business is more than 50,000 yuan;
(3) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner, the number of copies A total of more than five hundred pieces (copies);
(4) Copying and distributing audio recordings made by the audio and video producers without the permission of the producers of the audio and video recordings Video products with a total number of copies of more than 500 copies;
(5) Other serious circumstances.
(5) Other serious circumstances.
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Situations that directly or indirectly collect fees by publishing paid advertisements or other methods are "for profit purposes" as stipulated in this article.
"Without the permission of the copyright owner" as stipulated in this article means not obtaining the authorization of the copyright owner or forging or altering the copyright owner's authorization document or exceeding the authorization permission Scope of situations.
Warm reminder: In the case of actual legal issuesIn Jingzhong, the details of each case are different. In order to solve your problem accurately and quickly and protect your legitimate rights and interests, it is recommended that you click the [Consult Now] button below to explain the detailed situation to the professional lawyers of the Legal Savior Network and solve your problem one-on-one. Practical questions can provide you with better services.
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