1. How to deal with article infringement
1. Negotiate by yourself. That is to communicate and negotiate with the infringer and require the other party to bear corresponding responsibilities, such as stopping the infringement, apologizing, eliminating the impact, compensating for losses, etc. Self-negotiation is an efficient and convenient way, and it is also the first way to protect your rights.
2. Mediation. Mediation refers to the resolution of disputes through third-party mediation. Mediation is not the only way to resolve copyright disputes. If the parties reach mediation or fail to reach mediation, or regret after mediation, they can go to court to sue.
3. Arbitration. Arbitration refers to the resolution of disputes through arbitration institutions, but it is generally limited to contract disputes, and only if there is an agreement on submitting arbitration in the contract.
4. Prosecution. Prosecution means resolving disputes through court proceedings. The two parties go to court and the judge makes a ruling based on the facts of the case. The court's decision has strong legal effect and both parties must strictly implement it. If they refuse to implement it, they can apply to the court. Enforcement.
5. Legal basis: Article 47 of the Copyright Law of the People's Republic of China. Anyone who commits the following infringements shall be responsible for stopping the infringement and eliminating the infringement according to the circumstances. Impact, apology, compensation for losses and other civil liabilities.
(1) Publishing the work without the permission of the copyright owner.
(2) Without the permission of the co-author, the work created in collaboration with others is published as a work created alone.
(3) Signing others' works for the purpose of seeking personal fame and fortune without participating in the creation.
(4) Distorting or tampering with other people’s works.
(5) Plagiarizing other people’s works.(6) Without the permission of the copyright owner, use the work in exhibitions, making movies, or using methods similar to making movies, or by adapting, translating, annotating, etc. The use of works shall be 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) Copyright holders of unfilmed works and works created using methods similar to filmmaking, computer software, audio and video recordings, or copyright-related rights With the permission of the other party, his or her works or audio and video recordings may be leased, 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 and interests.
2. How to avoid infringement by reprinting an article
To avoid infringement by reprinting an article, you can seek permission from the original author and obtain permission. If you later reprint or use other people's works, you must enter into a licensing contract with the copyright owner, except where permission is not required as stipulated in this Law.
(1) Type of rights permitted to be used.
(2) The permitted use rights are exclusive use rights or non-exclusive use rights.
(3) Geographical scope and period of licensed use.
(4) Remuneration standards and methods.
(5) Liability for breach of contract.
(6) Other contents deemed necessary by both parties.
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