What should I do if someone else infringes on my copyright, and what should I do if I find that some

It is possible to negotiate or file a lawsuit.

Legal analysis: In the event of infringement of one's copyright, one must first negotiate with the infringer, and if the act can be settled after the act, both parties will not be harmed substantially and reputationally. If the negotiation fails, mediation can be carried out, or a lawsuit can be filed directly with the court.

Basis for legal exhaustion: Article 49 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 of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains. The amount of compensation shall also include the reasonable expenses paid by the right holder to stop the infringement.

In the event that someone else infringes on your copyright, you must first negotiate with the infringer, and if you can settle after the act occurs, both parties will not suffer substantial and reputational damage. If the negotiation fails, mediation can be carried out, or a lawsuit can be filed directly with the court.

According to Article 49 of the Copyright Law, copyright contract disputes may be mediated, or they may apply to a copyright arbitration institution for arbitration in accordance with the arbitration clause in the contract or a written arbitration agreement reached afterwards. For arbitral awards, the parties shall perform them.

If one of the parties fails to perform the arbitral award, the other party may apply to the people's court for enforcement.

If the people's court to which the application is made finds that the arbitral award is unlawful, it has the right not to enforce it. If the people's court refuses to enforce the contract, the parties may file a lawsuit with the people's court for the contract dispute. If the parties have not entered into an arbitration clause in the contract and do not have a written arbitration agreement afterwards, they may directly file a lawsuit with the people's court.

Three ways.

1. Send a lawyer's letter to the other party, and at the same time prepare for future litigation, and at the same time can negotiate a settlement 2. Report to the local administration.

3. If the evidence is confirmed, a lawsuit can be filed with the court.

You can confirm the infringement and apply for the other party to pay the attorney's fees.

First find the infringer to negotiate to see if a settlement can be reached. If the infringer is unwilling to negotiate or the negotiation fails, the infringed party may file a civil lawsuit with the local court to protect its rights and interests.

Article 49 of the Copyright Law stipulates that if a copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the right holder; Where it is difficult to calculate the actual losses, compensation may be given in accordance with the infringer's unlawful gains.

If you want to try to protect your rights, there are three ways: first, if it is an infringement on the platform, you can file a complaint on the platform according to the relevant rules of the platform; Second, if the platform complains to no avail, it can send a lawyer's letter to negotiate and settle; Third, if you can't do it again, you will go to court to litigate.

Before defending rights, first, you must prepare evidence of ownership, such as the work registration certificate, the manuscript of the original work, the source documents, the public publication certificate, etc.; Second, it is necessary to collect and fix effective evidence of infringement and compensation; For example, the notarization or electronic preservation of the content of the web page, the purchase of infringing products, the sales of infringing products, and so on.

Finally, you can find a professional intellectual property agency to assist in protecting your rights, and you must believe in the power of professionalism.

If you find a publishing platform or the infringer asks the other party to withdraw the work, if you feel that you need compensation, you can claim against the infringer, and if the platform receives your notice and refuses to cooperate without justifiable reasons, then you can claim the expanded losses caused by non-cooperation.

You can directly ask the other party to stop the infringement and compensate for economic losses.

It is also possible to directly file a civil lawsuit with the intermediate court at the prefectural or municipal level where the other party is located, demanding that the infringement be stopped and that economic losses be compensated.

Infringement of the copyright of others shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

[Legal basis].Article 217 of the Criminal Law.

Where any of the following circumstances of copyright infringement are committed for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

1) Without the permission of the copyright owner, reproducing and distributing their written works, films, television, video works, computer software, and other works;

2) Publishing books in which others enjoy exclusive publishing rights;

3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings;

4) Producing or counterfeiting works of art signed by others.

1) Self-negotiation.

2) Mediation. 3) Arbitration.

4) Civil litigation. For those infringements that seriously infringe copyright and have already constituted a crime, the copyright owner may also report or make a complaint to the relevant departments, and the relevant authorities will initiate a public prosecution, and the copyright owner may file an attached civil lawsuit.

The first thing is to do a good job of evidence preservation and record the infringement evidence information, which will help you deal with the infringement problem in the future. 2.Contact the infringing party.

If you find that your work has been infringed, you can first try to contact the infringing party and ask them to remove the infringing content or stop the infringing activity. In some cases, it may be just a misunderstanding or an unintentional move, and consultation with the other party may be resolved. 3.

If the infringing party is unsuccessful, a lawyer or a professional organization can issue a lawyer's letter or warning letter through a lawyer or professional organization to request it to stop the infringing act. A lawyer's letter is a formal legal letter that allows the infringing party to recognize the seriousness of the infringement and potentially resolve the infringement in this way. 4.

If the alleged act has caused serious repercussions, you may choose to file a lawsuit in court to hold the infringing party legally liable. Before filing a lawsuit, you need to prepare sufficient evidence and entrust a professional lawyer to help you deal with the litigation situation. 5.

Finally, in order to prevent future infringements, it is best to strengthen the copyright protection of the work, such as adding the corresponding copyright notice, watermark and other sensitive beams on the work, in addition, you can register the copyright on some professional copyright registration platforms, or apply for other relevant intellectual property protection measures to strengthen the protection of the work. In short, we need to be vigilant about infringement and take steps to protect our intellectual property. If you encounter infringement, you should take measures to protect your rights and interests in a timely manner.

1. Negotiate on your own. If the two parties can settle after the infringement has occurred, it can not only enable the copyright owner to quickly and effectively realize and protect its rights and interests, but also enable the infringer to avoid damage to its reputation. If the parties are unwilling to negotiate or fail to negotiate, the parties may directly file a civil lawsuit with the court;

2. Mediation. It refers to the negotiation and settlement of disputes between the two parties with the assistance of a third party. The scope of mediators is very broad, and both parties can choose an organ or individual trusted by both parties, such as the copyright administrative management organ, the people's mediation committee, and a lawyer, to preside over the mediation.

However, mediation must be based on the principle of voluntariness, and as long as one party is unwilling to mediate, mediation cannot be forced;

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 there must be a written agreement or written arbitration clause to submit to arbitration;

4. Civil litigation. In the event of a copyright dispute, if both parties are unwilling to negotiate or fail to negotiate; Those who are unwilling to mediate the agreement or regret it after mediation; Moreover, the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract; or if the people's court believes that the arbitral award should not be enforced by law, it may directly file a lawsuit with the people's court;

5. When the copyright owner is infringed by others, it may also apply to the copyright administrative authority for protection, and the copyright administrative authority shall impose an administrative penalty on the infringer in accordance with its application (and may also be ex officio). However, the scope of management by the administrative copyright management organs in accordance with law is relatively narrow.

1. The characteristics of copyright are as follows:

1. Personal copyright is non-transferable, and property copyright can be transferred;

2. Inalienability. Authors automatically generate authorship rights due to their creations and do not need to go through registration procedures;

3. The inheritability of personal rights is only the inheritance of property copyright;

4. In addition to the right of authorship, the right of modification, and the protection of the integrity of the work are not limited by the protection period, the law has a certain validity period for the protection of various rights;

5. The rights protected by the laws of a country have legal effect only within the scope of that country.

1. Publishing his work without the permission of the copyright owner;

2. Without the permission of the co-author, the work created in collaboration with others is published as a work created by oneself alone;

3. Those who did not participate in the creation and signed the works of others in order to seek personal fame and fortune;

4. Distorting or tampering with the works of others;

5. Plagiarizing other people's works.

In short, copyright infringement can be resolved through civil means such as reconciliation and mediation, or it can be resolved by requesting an administrative agency, and if a crime is suspected, the court will impose a criminal penalty. Infringement of others' copyrights may face three types of liability: civil liability, administrative liability and criminal liability.

Copyright Law of the People's Republic of China Article 60 Copyright disputes may be mediated, or an application may be made to an arbitration institution for arbitration in accordance with the written arbitration agreement reached by the parties or the arbitration clause in the copyright contract.

If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit with the people's court.