How to deal with civil copyright dispute cases

Each high people's court may, on the basis of the actual situation in its jurisdiction, designate a number of basic level people's courts to have jurisdiction over first-instance civil copyright dispute cases.

Article 3: Where a party initiates a lawsuit with the people's court to pursue the civil responsibility of the act of copyright infringement investigated and handled by the administrative copyright management department, the people's court shall accept it.

People's courts hearing civil dispute cases of copyright infringement that have already been handled by the administrative copyright management departments shall conduct a comprehensive review of the facts of the case.

Article 4: The people's court at the place where the infringement is committed, the place where the infringing copy is stored or sealed, or the place where the defendant is domiciled, as provided for in articles 46 and 47 of the Copyright Law, has jurisdiction over civil litigation initiated for copyright infringement.

"The place where infringing copies are stored" as provided for in the preceding paragraph refers to the location where a large number or regular quantities of infringing copies are stored or concealed; "The place of sealing and seizure" refers to the place where the customs, copyright, industry and commerce and other administrative organs seal or seize the infringing copies in accordance with law.

Article 5: Where multiple defendants in different places of infringement are initiated, the plaintiff may choose the jurisdiction of the people's court for the place where one of the defendants committed the infringement; If a lawsuit is filed against only one of the defendants, the people's court at the place where the defendant's infringement was committed shall have jurisdiction.

The people's courts accept the following civil copyright dispute cases:

1) Cases of copyright and copyright-related rights and interests, infringement, and contract disputes;

3) Other cases of disputes over copyrights and copyright-related rights and interests.

There are four ways to deal with copyright disputes: 1. Settlement through negotiation, if it is a small dispute, it can be resolved by itself after negotiation; 2. Mediation settlement, find a third party other than the parties to the contract (people's mediation committee) to mediate and reach an agreement to resolve the dispute; 3. Arbitration, which can be resolved by applying for arbitration; 4. Litigation can be resolved by litigation if no arbitration agreement is reached.

Legal basis

Article 16 of the Copyright Law: Works created by citizens in order to complete the work tasks of legal persons or other organizations are service works, and except for the provisions of the second paragraph of this article, the copyright shall be enjoyed by the author, but Lu Nian legal persons or other organizations have the right to use them preferentially within the scope of their business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit. In any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations, and legal persons or other organizations may give rewards to authors:

1) Works of service such as engineering design drawings, product design drawings, maps, computer software, etc., that are primarily created by using the material and technical conditions of legal persons or other organizations, and for which the legal person or other organization bears responsibility;

2) Service works that are provided for by laws, administrative regulations, or provided for in a contract for which legal persons or other organizations enjoy copyright.

Legal analysis: When a copyright owner encounters infringement, he or she may file a complaint with the administrative authority and request the administrative authority to punish the infringing party. You can also collect evidence on your own or hire a professional lawyer, file a civil lawsuit, and demand that the other party apologize, eliminate the impact, and make compensation.

Of course, the copyright owner and the infringing party can also reach a settlement privately, and the infringing party can only use the work normally after obtaining the permission of the copyright owner.

Legal basis: Article 47 of the Copyright Law of the People's Republic of China Article 47 Where any of the following infringements is committed, civil liability such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances:

1) Publishing a work without the permission of the copyright owner; (2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used in the form of exhibition, filming, or filming, or in methods similar to filming, or the work is used in methods such as adaptation, translation, or annotation, except as otherwise provided by this Law; (7) Using the works of others, failing to pay remuneration that should be paid, etc.

Copyright disputes can be handled in the following ways:

1. Copyright infringement disputes can be mediated;

2. Arbitration can be applied for according to the arbitration agreement, and if the two parties can neither negotiate nor have any arbitration agreement, they can settle the dispute through litigation;

3. Both 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.

What is included in a copyright dispute.

Copyright disputes include copyright infringement disputes and copyright contract disputes. The former refers to the dispute between the parties to the dispute as to whether the act of the alleged oak constitutes infringement, whether to bear tort liability, what kind of liability to bear and who to bear. The latter refers to the dispute between the parties to the contract over issues arising from the conclusion and performance of the contract.

Legal basisArticle 50 of the Copyright Law of the People's Republic of China has been amended to six articles.

Where the copyright owner or the owner of copyright-related rights has evidence proving that others are committing or are about to commit acts that infringe upon their rights or impede the realization of their rights, and if they do not stop them in a timely manner, their lawful rights and interests will be irreparably harmed, they may apply to the people's court in accordance with law to take measures such as property preservation, ordering certain acts, or prohibiting certain acts before initiating litigation.

Legal analysis: Copyright infringement disputes can be resolved through mediation, or through arbitration according to an arbitration agreement, or through litigation if the parties can neither negotiate nor have any arbitration agreement. 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.

Legal basis: Article 54 of the Copyright Law of the People's Republic of China Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses suffered by the right holder or the illegal gains of the infringer; Where it is difficult to calculate the actual losses of the rights holder or the illegal gains of the infringer, compensation may be made with reference to the royalties of the rights. Where the circumstances are serious, compensation may be given for intentional infringement of copyright or rights related to the right to carry such work, between one and five times the amount determined in accordance with the methods described above.

Where it is difficult to calculate the actual losses of the rights holder, the illegal gains of the infringer, or the royalties of the rights, the people's court shall make a judgment to give compensation of not less than 500 yuan but not more than 5 million yuan based on the circumstances of the infringement. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide account books and materials related to the infringement if the right holder has fulfilled the necessary burden of proof, and the account books and materials related to the infringement are mainly in the possession of the infringer; Where the infringer does not provide it, or provides false account books or materials, the people's court may determine the amount of compensation by referring to the rights holder's claims and the evidence provided.

The people's court hearing a copyright dispute case shall, at the request of the right holder, order the destruction of the infringing copy, except in special circumstances; The materials, tools, equipment, etc., which are mainly used to manufacture infringing copies, shall be ordered to be destroyed without compensation; or under special circumstances, order that the aforementioned materials, tools, equipment, etc. be prohibited from entering commercial channels, and no compensation will be given.

Regarding how to resolve copyright disputes, in practice, there are generally the following ways:

1. Reconciliation. The settlement is initiated by the parties themselves, and is not directly bound and dominated by judicial procedures and judges' powers, and the focus of some copyright disputes in real life is often clarified by precedents, and the parties can reach a settlement according to the provisions of the precedents and relevant laws, so as to minimize the social cost of resolving the dispute.

2. Mediation. Mediation is a method of resolving civil disputes with Chinese characteristics, and it is a method for the parties to the dispute to reach an agreement to resolve disputes on the basis of mutual understanding in accordance with the principle of voluntariness.

3. Arbitration. Arbitration is a legal act in which an arbitration institution resolves copyright disputes in accordance with the law in accordance with the arbitration clause. The arbitration process is similar to, but simpler and quicker than the judicial process.

4. Litigation. Litigation is a method in which the people's court resolves copyright disputes through trial procedures. Among the ways to resolve copyright disputes, litigation has the broadest scope of application and is the most important.

5. Complain to the copyright administrative department. According to Article 47 of the Copyright Law of the People's Republic of China, the copyright administrative department has the power to investigate and deal with the infringements listed in Article 47.

The above is the information collected by the collation on how the court with jurisdiction over copyright is determined, and it can be seen from the above that it is very important to determine the court with jurisdiction in copyright disputes, and you can refer to the above provisions to determine the court with jurisdiction. If you have any further questions, you are welcome to consult a lawyer who will give you professional advice.

Article 16 of the Copyright Law: Works created by citizens to complete the work tasks of legal persons or other organizations are service works, and except for the provisions of paragraph 2 of this article, the copyright is enjoyed by the author, but the legal person or other organization has the right to use it preferentially within the scope of its business. Within two years of the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit. In any of the following circumstances, the author enjoys the right of authorship, and other rights of copyright are enjoyed by legal persons or other organizations, and legal persons or other organizations may give rewards to authors:

1) Works of service such as engineering design drawings, product design drawings, maps, computer software, etc., that are primarily created by using the material and technical conditions of legal persons or other organizations, and for which the legal person or other organization bears responsibility; 2) Service works that are provided for by laws, administrative regulations, or provided for in a contract for which legal persons or other organizations enjoy copyright.