How to write a complaint for copyright infringement dispute
In addition to the elements of a general civil complaint, the plaintiff should also have Particular attention should be paid to detailing the legal opinion on the defendant’s infringement of the plaintiff’s copyright, including whether the defendant’s behavior constitutes plagiarism, duplication, adaptation, etc. of the plaintiff’s copyrighted works, and what copyright rights the defendant’s behavior infringes upon. A detailed comparative analysis must be conducted between the plaintiff's copyrighted works and the defendant's works. The plaintiff should make clear claims, and the claims should be based on the Copyright Law.
Copyright
Copyright used to be called copyright. Copyright, also known as copyright, refers to the general term for the personal rights and property rights enjoyed by authors and other rights holders in literary, artistic and scientific works. The protection of copyright mainly includes the basic principles of copyright, the protection of the subject of copyright, the object of copyright protection, the content of copyright protection, the term of copyright protection, and the relevant legal liabilities for infringement.
Basic principles of copyright
(1) The principle of protecting the rights and interests of authors. Protecting the rights and interests of authors refers to both the property rights of works and the fact that the author’s hard work is the source of social and scientific progress. Strengthening the protection of the rights and interests of authors and recognizing the personal rights and property rights that authors should enjoy in their works is precisely to protect the author’s rights and interests. Create enthusiasm and increase the spiritual wealth of the entire society.
(2) The principle of encouraging the dissemination of excellent works. Communication connects the creation and use of works. Although communication does not directly create works, it still requires a lot of manpower and material resources. Its legal protection is becoming more and more important today when the development of copying technology makes infringement extremely convenient. Chapter 4 of our country clearly stipulates the rights of the main disseminator of works, which is a direct reflection of the principle of encouraging the dissemination of excellent works.
(3) The principle of harmony between the author’s interests and the public interests. Today's works are developed on the basis of drawing on the excellent achievements of previous generations. Although they can be regarded as the author's personality symbol and property rights, they are also part of the spiritual wealth of the entire society. No one, including the author, should be responsible for this.Monopoly, so as not to hinder the overall progress of culture, art and science in the whole society.
(4) The principle of keeping consistent with the development trend of international copyright. Encouraging the creation and dissemination of excellent works and promoting social, economic and cultural development are the basic purposes of copyright legislation in all civilized countries. Although copyright is strictly territorial, with the development of communication technology and the expansion of international copyright trade, many outstanding works have gone abroad and become the common spiritual wealth of all mankind. Therefore, it is particularly important to strengthen international copyright coordination and strive to ensure that the level of copyright protection in each country is basically consistent while respecting the national conditions of each country.
When your copyright has been infringed, you need to take legal action. Regarding how to write a copyright dispute complaint, if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
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