How to deal with someone else’s infringement of your copyright

For original creators, the creation of copyright requires a certain amount of time and energy. However, in real life, we may encounter situations where others infringe on our copyright. So, what should you do when you find that someone else has infringed your copyright? The editor of Legal Savior Network will give you the corresponding answers below for your reference and study. I hope the following answers will be helpful to you.

1. How to deal with someone else’s infringement of your copyright

When you meet someone else In the case of infringement of your own copyright, you must first negotiate with the infringer on your own. If a settlement can be made after the behavior occurs, neither party will suffer substantial or reputational harm. If negotiation fails, you can mediate or file a lawsuit directly with the court.

According to the provisions of Article 49 of the Copyright Law: Copyright contract disputes can be mediated, or based on the arbitration clause in the contract or written arbitration reached afterwards. Agreement and apply for arbitration to a copyright arbitration institution. The parties shall implement the arbitration award. If one party fails to perform the arbitration award, the other party may apply to the People's Court for enforcement.

If the people's court subject to the application finds that the arbitration award is illegal, it has the right not to execute it. If the People's Court refuses to enforce the contract, the parties may bring a lawsuit to the People's Court regarding the contract dispute. If the parties do not enter into an arbitration clause in the contract and do not have a written arbitration agreement afterwards, they may file a lawsuit directly with the People's Court.

2. What rights do copyright owners enjoy

According to the provisions of the Copyright Law, copyright owners generally have the following rights:

1. Personal rights of copyright: Personal rights are the moral rights that the author enjoys in accordance with the law in the work. It is different from the personal rights in civil law. The personal rights in copyright include the author's identity rights. The personal rights enjoyed by the author only arise after the creation of the work. They are enjoyed by the author for life and are generally intransferable and inalienable. Property rights in copyrights are transferable, but personal rights are generally not transferable. According to the laws of our country, the personal rights of copyright mainly include: the right of publication, the right of signature, the right of modification, and the right to protect the integrity of the work.

2.Copyright property rights: Copyright property rights are the rights of the copyright owner or by authorizing others to use the work and obtain remuneration. my country's Copyright Law stipulates that copyright owners have the right to use and receive remuneration, that is, the right to use the work by copying, performing, broadcasting, exhibiting, distributing, making movies, television, video, or adapting, translating, annotating, editing, etc.; and the right to license others to use the work in the above-mentioned manner and receive compensation for doing so. Unless otherwise provided by law or administrative regulations, in general, any use of the work must be authorized by the author and remuneration must be paid.

The above is the answer given by the editor of Legal Savior Network on "How to deal with someone else's infringement of one's copyright". We can understand that copyright contract disputes can be mediated. You can also file a lawsuit directly with the court to resolve the matter. If you still want to know other legal knowledge, the Legal Savior Network also provides professional lawyer online consultation services. You are welcome to have legal consultation again.