How to write a copyright infringement mediation record?

The mediation transcript must include information about the time, location, recorder, cause of action, mediator, and parties. If a mediation agreement is reached through mediation by the People's Mediation Committee, a mediation agreement can be made. If the parties believe that there is no need to prepare a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the contents of the agreement. Let’s take a look at the specific regulations with the editor of Legal Savior Network.

1. How to write a copyright infringement mediation record?

The mediation transcript must include information about the time, location, recorder, cause of action, mediator, and parties. If a mediation agreement is reached through mediation by the People's Mediation Committee, a mediation agreement can be made. If the parties believe that there is no need to prepare a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the contents of the agreement.

Article 28 of the "People's Mediation Law"

Achieved through mediation by the People's Mediation Committee If there is a mediation agreement, a mediation agreement can be made. If the parties believe that there is no need to prepare a mediation agreement, they may adopt an oral agreement, and the people's mediator shall record the contents of the agreement.

Article 29 of the "People's Mediation Law"

The mediation agreement may state The following matters:

(1) Basic information of the parties;

(2) Dispute The main facts, disputed matters and responsibilities of each party;

(3) The content of the mediation agreement reached by the parties, the method and time limit for its performance. The mediation agreement shall take effect from the date when all parties are signed, stamped or fingerprinted, and the people's mediator signs and stamps the seal of the People's Mediation Committee. Each party shall keep one copy of the mediation agreement, and the People's Mediation Committee shall retain one copy.

2. How to handle copyright infringement disputes?

There are three main ways to handle copyright infringement disputes.

1. Mediation. Mediation refers to a dispute resolution method in which the parties reach a settlement agreement under the auspices of a mediation organization when a dispute occurs. The mediation organization can be the copyright administrative department and other departments, or other social groups and Mass organizations. Both copyright infringement disputes and contract disputes can be resolved through mediation. The mediation agreement is not legally enforceable and cannot be enforced. After reaching an agreement, if one party reneges and does not agree to implement the mediation agreement, the mediation agreement will lose its validity. , the parties can resolve disputes through litigation.

2. Arbitration. Arbitration refers to dispute resolution in which an arbitration institution adjudicates the disputes between the parties in accordance with certain arbitration procedures. Method. Copyright arbitration is conducted by a copyright arbitration institution, which is mainly applicable to the resolution of copyright contract disputes, and there must be an arbitration clause in the copyright contract or a written arbitration agreement reached afterwards. If there is no arbitration clause or a written arbitration agreement is not reached afterwards, , arbitration cannot be conducted. Arbitration by the copyright arbitration agency is legally enforceable. If one party fails to perform the arbitration award, the other party can apply to the People's Court for enforcement.

3. Litigation. Copyright litigation refers to a way to resolve copyright disputes by filing a lawsuit in the People's Court and using litigation procedures. Litigation is the main way to resolve copyright disputes stipulated in my country's Copyright Law.

3. What are the criteria for judging copyright infringement

First, based on use The purpose of the work is used to judge whether it is for profit in the legislation of various countries as the standard for judging whether it constitutes fair use. The requirement for fair use to be non-profit is based on the consideration of the principle of fairness. If the user is allowed to use the enjoyment of others for free, It is of course unfair to the copyright holder to profit from the copyrighted work.

Second, the nature of the used work should be judged based on the nature of the work being used. The element of nature is used to judge fair use from the perspective of the work itself. What nature of the work is more likely to be recognized as fair use.

Third , judging the extent of use of a work based on the extent of use of the work refers to the quantity and quality of use compared with the entire copyrighted work.

Fourth, Judging the market impact of the used work based on its market impact is considered to be the most important factor in determining fair use, because there is only one step between fair use and infringing use.In the end, use always comes down to the results of the act. Fair use does not mean to exclude all acts that cause damage to the copyright owner, but to limit the damage to a certain range. Use beyond this range should be limited to - May be used or is legally permitted, otherwise it is an infringement.

Article 47 of the Copyright Law

(1) Without the permission of the copyright owner Licensing, copying, distributing, performing, screening, broadcasting, compiling, and disseminating their works to the public through information networks, except as otherwise provided for in this law;

( 2) Publishing books for which others have exclusive publishing rights;

(3) Copying and distributing audio and video recordings of performances without the permission of the performers , or disseminate their performances to the public through information networks, except as otherwise provided for in this law;

(4) Copying, Distribute and disseminate to the public the audio and video products produced by them through information networks, except as otherwise provided for in this law;

(5) Without permission, play or Copying radio and television broadcasts, except as otherwise provided for in this law;

(6) Deliberately avoiding the permission of the copyright holder or copyright-related rights holder Or destroy the technical measures taken by the right holder to protect copyright or copyright-related rights for his or her works, audio and video recordings, etc., unless otherwise provided for by laws or administrative regulations;

(7) Intentionally deleting or changing the electronic rights management information of works, audio and video products, etc. without the permission of the copyright owner or copyright-related rights holder, unless otherwise provided by laws and administrative regulations;

(8) Producing and selling works that counterfeit the signature of others.

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