Detailed explanation of copyright lawsuits

Tian Xia Ba Chang felt helpless during the copyright dispute. Afterwards, he said: "In fact, writers are always a vulnerable group, because the contract is made by Party A, and he can make technical trap clauses in it. As for Party B, what about Party B? ?How many of them understand these laws? Most of them don't understand what copyright, copyright property rights, and personal rights are."

This year's lawsuits caused by film and television works include the popular "The Legend of Mi Yue". The original Author Jiang Shengnan also lost his lawsuit against the film and television company because he failed to fulfill his obligation to publish the work before the TV series was broadcast. But regarding the lawsuit she filed regarding the authorship of screenwriters, she reminded writers to handle it with caution. Afterwards, she publicly stated, "My tip to everyone is to find a lawyer. You must find a lawyer when signing any contract." Jiang Shengnan said, "I warn you that it is useless to be careful about these and other things. We are not as good as professionals when we play games between the lines. I used to think that I was a literati and I was confident that I could understand written things. Now I realize that this is two different things from creation. Son."

"Heroes become villains" can sue the author and watch carefully when "authorizing"

Film and television adaptations are a situation that many writers will encounter nowadays. The author should clarify the relevant rights and obligations. Zhu Haiqiang, a lawyer at Shili Law Firm who has many years of experience in handling intellectual property-related cases, said: "The protection of the relevant rights of copyright holders and other rights holders under Chinese law covers personal rights and property rights. Authors need to understand that although they themselves enjoy rights as authors, , but the law also protects other relevant rights holders.” In many copyright cases today, we see authors and publishers, authors and Internet companies and even film and television companies going to court. In many cases, the author is authorizing relevant rights to The right holder did not have a good definition of the scope of authorization, or the scope of the definition was not clear. Lawyers remind authors to study it carefully when signing a contract, especially new authors who have just transitioned from "amateurs" to writing, and should be "optimistic about the contract." Not only must one's own rights be clarified and the rights of the other party must be clarified, but one's own obligations must also be clarified. Many writers "lose" cases because they failed to fulfill the contract.

Many writers complain that their works have been "changed beyond recognition", and there are more and more disputes between the original work and the script. Zhu Haiqiang introduced that copyright owners enjoy the right to “protect the integrity of their works” in accordance with the law. He said: "If the adapted work is very far from the original work, for example, "Journey to the West" assigns several more apprentices to Monk Tang and turns heroic characters into villains. Such changes that affect the integrity and basic framework of the work can be made by the author. Claim rights in accordance with the law." Of course, the author also has the right to authorize "large-scale" adaptations.

"Calling a friend and recording a video" is a clever trick for collecting evidence of Internet infringement

For some websites to "privately reprint" works or use "sound copyright" casually, manyThe author said that safeguarding rights is "difficult" and obtaining evidence is also very difficult. Many websites instruct the other party to delete the content immediately if they are about to file a lawsuit. The author's own evidence collection also caused "flaws" in the evidence due to "unprofessionalism" and cannot be used in court. use. Zhu Haiqiang introduced a "simple and easy" "DIY" evidence collection method - "call a friend and record a video." Zhu Haiqiang introduced, "Only when a third person is present can the evidence collection video be recorded. Introduce the basic situation at the beginning of the video, and don’t forget to add the time, location and information of the person who took the evidence. Just record the entire process of opening the infringement page on the computer into the video.” If the author is worried that his evidence collection is still not standard, it is better The best way is to go to the notary office and ask a notary to complete this process. The fee charged is between 2,000 yuan and 3,000 yuan.