1. Can I report film copyright infringement?
1. You can report infringement. If the film copyright has been infringed, you can call 12318 to complain to the comprehensive law enforcement department of the cultural market, or you can go to the local industrial and commercial bureau, cultural bureau, or police station to report and hold the relevant personnel legally responsible;
2. If the film copyright is infringed, the infringed party can mediate on its own and require the other party to stop the infringement and compensate for losses; if the reputation of the infringed party is damaged, the infringer can also be required to go through various legal procedures. Methods to restore reputation;
3. If the infringer is unwilling to mediate, or the mediation is unsuccessful, the infringed party can sue in court. However, it should be noted here that the statute of limitations for copyright infringement is three years, calculated from the date the copyright owner knew or should have known about the infringement.
Article 52 of the Copyright Law of the People's Republic of China
The following infringement acts According to the circumstances, they shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses:
(1) Publish the content without the permission of the copyright owner works;
(2) Publish a work created in collaboration with others as a work created alone without the permission of the co-author;
(3) Without participating in the creation, in order to seek personal fame and fortune, sign on other people's works;
( 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) ) Without the permission of the copyright holder, performer or producer of audio-visual works, computer software, audio and video products, leasing the original or copy of his or her work or audio and video products, 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) Broadcasting or publicly transmitting live performances, or recording performances without the permission of the performers;
(11) Other infringements Copyright and copyright-related rights.
2. Movie Copyright What are the procedures for finding a lawyer for infringement?
1. Sign a lawyer service contract with the lawyer's law firm;
2. Pay legal fees to the law firm according to the lawyer service contract, and the law firm will issue a tax invoice;
3. According to the stipulations in the lawyer service contract, issue a power of attorney necessary for handling legal affairs to the lawyer.
3. Determining the amount of damages for copyright infringement Method?
1. The actual losses of the film and television drama rights holder, such as reasonable licensing fees, the rights holder’s reasonable maintenance of rights Expenses (lawyer fees, investigation and evidence collection costs, transportation, printing, etc.);
2. The illegal income of the infringer of pirated film and television dramas, such as sales income, Operating profit, net profit, etc.;
3. Statutory compensation is the actual loss of the film and television drama rights holder or the infringer'sWhen illegal gains cannot be determined, the people's court shall determine the amount of compensation based on the request of the parties concerned or ex officio. However, it is generally determined by considering the type of work, reasonable royalties, nature of the infringement, consequences and other circumstances.
The editor of Legal Savior Network reminds you: If the infringer is unwilling to mediate, or the mediation is unsuccessful, the infringed party can go to court to sue. However, it should be noted here that the statute of limitations for copyright infringement is three years, calculated from the date the copyright owner knew or should have known about the infringement. If you have other related questions, please contact the relevant professional lawyers of Hualu for detailed answers.
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