1. Who accepts general copyright infringement
Copyright infringement shall be handled by intermediate or above If the people's court accepts the case and meets the statutory conditions, several grassroots people's courts may have jurisdiction over the first-instance copyright civil dispute cases.
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"Article 2
Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level.
Each higher people's court may, based on the actual conditions of its jurisdiction, apply to the Supreme People's Court for approval, and a number of grassroots people's courts shall have jurisdiction over first-instance copyright civil cases. dispute cases.
2. What are the conditions for courts to accept copyright infringement disputes?
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(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in this case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
3. What are the acts of copyright infringement?
(1) Publishing his works without the permission of the copyright owner;
(2) Without the permission of the co-author , publishing works created in collaboration with others as works created solely by oneself;
(3) Not participating in the creation, in order to seek personal fame and fortune, in other people's works Signed;
(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 adapting, translating, or annotating the work without the permission of the copyright owner Use works in other ways, except as otherwise provided for in this Law;
(7) For using other people’s works, remuneration should be paid but has not been paid;
(8) Without the permission of the copyright holder, performer or producer of audio-visual works, computer software, audio and video products, leasing the original or Copies, except as 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.
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