How to resolve online copyright disputes
1. Without the permission of the copyright owner , the act of copying and distributing its written works, music, movies, television, video works, computer software and other works.
2. Publish other people’s exclusive publishing rights Behavioral publishing of books refers to the act of editing and processing a work and then copying and distributing it to the public.
3. Copying and distributing audio and video recordings without the permission of the audio and video producers is an act that infringes upon the neighboring rights of the audio and video producers. .
4. The act of producing and selling works of art that counterfeit the signature of others is an act of illegally making profits in the name of others.
With the development of the Internet, there are more and more copyright infringements, and the improvement of people's awareness of intellectual property protection will also lead to an increase in copyright disputes. So, how should we resolve copyright disputes?
As for how to resolve copyright disputes, in practice, there are generally the following methods: reconciliation, mediation, Arbitration, litigation and complaints to copyright administrative departments.
1. Reconciliation.
Reconciliation is initiated by the parties themselves and is not directly restricted and controlled by judicial procedures and judges’ powers. In real life, some of the focal points of copyright disputes have often been settled by precedents. It is clear that the parties can reach a settlement based on precedents and relevant laws, thereby minimizing the social cost of resolving disputes.
2. Mediation.
Mediation is a method of resolving civil disputes with Chinese characteristics. It is a method for the parties to the dispute to reach an agreement to resolve the dispute based on the principle of voluntariness and mutual understanding.
3. Arbitration.
Arbitration is a legal act in which copyright disputes are resolved by an arbitration institution in accordance with the arbitration clause. The arbitration procedure is similar to the judicial procedure. But it is simpler and faster than judicial procedures.
4. Litigation.
Litigation is caused by The people's court resolves copyright disputes through trial procedures. Among the ways to resolve copyright disputes, litigation has the widest scope of application and is the most important.
Special reminder: If you want to file a lawsuit, which court should you file it in?
As for the jurisdiction of copyright dispute litigation, according to the "Several Issues on the Application of Laws in the Trial of Copyright Civil Dispute Cases by the Supreme People's Court" Article 2 of the Interpretation stipulates: “Copyright civil dispute cases shall be under the jurisdiction of the intermediate people’s courts. Each higher people’s court may determine a number of basic people’s courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of its jurisdiction. ”
For infringements stipulated in Articles 46 and 47 of the "Copyright Law", the "Supreme People's Court's Notice on Several Issues concerning the Application of Laws in the Trial of Copyright Law" Article 4 of the Interpretation stipulates that geographical jurisdiction shall apply. That is, "the People's Court has jurisdiction over the place where the infringement is committed, the place where the infringing copies are stored or seized, and the place where the defendant is domiciled." ”
5. Complain to the copyright administrative department.
According to the Fourth Copyright Law of our country According to the provisions of Article 47, the copyright administrative department has the power to investigate and deal with the infringements listed in Article 47.
The above content is the relevant answer , if this situation infringes on copyright, we generally will not pay too much attention unless it has caused a great impact. However, the copyright owner can directly file a lawsuit in the People's Court or have an individual interview. If you have any other If you have legal questions, you can consult the relevant lawyers on the Legal Savior Network.
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