What are the types of copyright disputes
1. Reports written for others, Disputes over copyright ownership of speeches and other works. For reports, speeches and other works written by others, reviewed and finalized by me and published in my own name, the copyright belongs to the speaker or speaker. However, if reports or speeches made out of their own work are government work or public welfare work, the reporter or speaker does not enjoy copyright.
2. The copyright owner exercises ownership of the copyright and the work Disputes over the exercise of ownership rights. If a work is legally owned by another person, and the copyright owner needs to use the work, the copyright owner has the right to use it, and the owner of the work may not unreasonably refuse. However, the copyright owner should explain the reason for use. The owner of the work can provide corresponding guarantees to the copyright holder. If the copyright owner destroys or loses the work during the use of the work, the copyright owner shall be liable for compensation.
3. Copyright disputes over the use of other people’s musical works. Anyone who uses other people's musical works for profit-making purposes shall pay remuneration to the author. Last year, music copyright holders claimed copyright for free use of music works by karaoke bars, bars and other business establishments, which is a good example.
4. Disputes over the ownership of the copyright of autobiographical literary works. For autobiographical literary works of a specific person, it generally depends on whether the author of the work has an agreement with the specific person. If there is no written agreement, the specific person should enjoy the copyright.
5. Copyright disputes caused by advertising slogans. When an advertising slogan meets the constituent elements of a work, it should be protected by copyright law, as long as the advertising slogan is original and constitutes a work.
6. Copyright disputes in edited works. The editor enjoys the copyright of the edited work, but the edited work must not infringe the copyright of the original work. At the same time, the author of the work that can be used alone in the editing workhave the right to exercise their copyright alone.
7. Disputes over the ownership of the copyright of works created on the same theme. Different authors create similar works on the same subject, which can easily lead to copyright ownership disputes, or one party may claim that the other party has plagiarized or plagiarized the work. According to the provisions of the Copyright Law on the constituent elements of a work, if the expression of the work of both parties is independently created and is original, it should be determined that both parties to the dispute independently enjoy the copyright.
8. Disputes over the copyright ownership of artistic works. If there is no direct evidence to prove it, it generally needs to be judged from whether the artistic value of the work is equivalent to the author's painting ability, whether the painting details of the disputed work are consistent with the statement of the party concerned, and the results of on-site copying and appraisal.
9. Seller infringement disputes. If a seller knowingly sells goods that infringe the copyright of others, the civil liability for infringement shall be determined based on factors such as the amount of sales, the circumstances of the infringement, and the losses caused to the copyright owner. If a seller violates Article 46 of the Copyright Law, corresponding civil sanctions may be imposed.
10. Contract disputes between copyright owners and users of works. Article 54 of the Copyright Law provides for this. If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall bear civil liability in accordance with the relevant provisions of the General Principles of the Civil Law.
11. Disputes between the publishing unit and the author. Publishing units and authors sometimes have disputes over the loss or damage of manuscripts, and sometimes disputes over whether they enjoy exclusive publishing rights. In fact, the above dispute is not a copyright dispute, but a publishing contract dispute.
What are the administrative methods to resolve copyright disputes
Infringement If the person and the victim are dissatisfied with the specific administrative actions of the copyright administrative authority, they can resolve the administrative dispute in accordance with the administrative litigation procedures, that is, they can apply for administrative reconsideration and initiate administrative litigation.
1. Administrative reconsideration
If the party concerned is dissatisfied with the administrative penalty imposed by the copyright administrative authority, he may Apply for reconsideration to the copyright administrative agency or its superior administrative agency. The review authority shall make a review decision within 2 months from the date of receipt of the review application.
2. Administrative litigation
If the party concerned is dissatisfied with the review decision, he may file a lawsuit with the People's Court within 15 days from the date of receipt of the review decision. . If the review authority fails to make a review decision within the time limit, the party concerned may file a lawsuit with the People's Court within 15 days from the expiration of the review period.
Article 56 of the Copyright Law : “If the party concerned is dissatisfied with the administrative penalty, he may file a lawsuit with the People’s Court within 3 months of receiving the administrative penalty decision. If he fails to file a lawsuit and fails to perform the decision within the time limit, the copyright administrative department may apply to the People’s Court for enforcement. "The content of this article has not been modified, and the serial number has been changed to Article 55. If the party concerned is dissatisfied with the administrative penalty imposed by the copyright administrative authority and does not apply for reconsideration, he may directly file a lawsuit with the People's Court. The statute of limitations for administrative litigation is 3 months, starting from The calculation shall be calculated from the date of receipt of the penalty decision.
If the party is dissatisfied with the administrative penalty imposed by the copyright administrative authority, neither fulfills it nor files a lawsuit within the statute of limitations for administrative litigation, the copyright The administrative agency can apply to the People's Court for enforcement.
Based on the above introduction, the administrative method for resolving copyright disputes can be resolved through litigation. I believe that after reading the above introduction, You have a certain understanding of the legal knowledge of administrative methods for resolving copyright disputes. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.
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