Copyright has been violated, how to protect rights?




Release time:2016-08-22

1. consult themselves. If the two parties can reconcile after the infringement occurs, it can not only enable the copyright owner to realize and safeguard his rights and interests quickly and effectively, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or fail to negotiate, they may directly file a civil lawsuit in court.


2. mediation. Refers to the parties with the assistance of a third party to resolve disputes through negotiation. The scope of mediators is very wide. Both parties can choose copyright administrative agencies, people's mediation committees, lawyers and other agencies or individuals trusted by both parties to preside over mediation. However, mediation must be based on the principle of voluntariness. As long as one party is unwilling to mediate, mediation cannot be forced. The purpose of mediation is to facilitate the two parties to reach an agreement, but the mediation agreement has no legal enforcement force. As long as one party goes back on his word, the mediation agreement will lose its effect. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement or go back on their word after mediation, they can directly sue the court.


3. arbitration. The parties may apply to the arbitration institution for arbitration in accordance with the written arbitration agreement reached or the arbitration clause in the copyright contract. Arbitration is often limited to contractual disputes, and a written agreement or written arbitration clause is required for arbitration. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitral award made by the arbitral tribunal is final, and after the award is made, the parties apply for arbitration or bring a suit in a people's court for the same copyright dispute, and the Commission or the people's court will not accept it. The arbitration award is legally effective and the parties shall perform it. If one of the parties fails to perform the arbitration, the other party may apply to the people's court for compulsory enforcement. If the people's court considers that the arbitral award should not be enforced by law, the parties may re-reach an arbitration agreement and apply for arbitration in accordance with the arbitration agreement, or directly file a lawsuit with the people's court.


4. civil action. After a copyright dispute occurs, if the two parties are unwilling to negotiate or fail to negotiate; they are unwilling to mediate an agreement or repent after mediation; and the parties have not had a written arbitration agreement, nor have they entered into an arbitration clause in the copyright contract; or even though the arbitration award has been made But the people's court believes that the arbitration award should not be enforced by law, it can directly file a lawsuit in the people's court. Litigation is the ultimate way to resolve civil disputes. Civil action applies to both tort disputes and contract disputes.


Of course, when a copyright owner is infringed by another person, he can also apply to the copyright administrative agency for protection, and the copyright administrative agency may impose administrative penalties on the infringer according to his application (or ex officio). If the party concerned does not accept the decision of the copyright administrative organ on administrative penalty, he may apply for reconsideration or bring a suit in the People's Law.


For those infringements that seriously infringe copyright and have constituted a crime, the copyright owner may also report or complain to the relevant department, and the relevant authority shall initiate a public prosecution, and the copyright owner may initiate an incidental civil action.