What is the statute of limitations for copyright infringement

Copyright, also known as copyright, refers to the exclusive rights enjoyed by authors over the literary, artistic, and scientific and technological works they create. Copyright is a civil right enjoyed by citizens and legal persons in accordance with the law, and it is an intangible property right. China's laws stipulate the protection of copyright, so how long is the statute of limitations for copyright infringement?

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Copyright, the statute of limitations for copyright infringement is two years, calculated from the date on which the copyright owner knew or should have known of the infringement. If the right holder sues for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period; The amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court. According to the interpretation of the Supreme People's Court, "the statute of limitations for copyright infringement is two years, calculated from the date on which the copyright owner knows or should have known of the infringement", but according to the latest provisions of the General Provisions of the Civil Law, the statute of limitations is three years.

Legal basis: Article 28 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases over Copyright provides that the statute of limitations for copyright infringement is two years, calculated from the date on which the copyright owner knew or should have known of the infringement. If the right holder sues for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period; The amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over Copyright stipulates that: "The statute of limitations for copyright infringement shall be two years, calculated from the date on which the copyright owner knows or should have known of the infringement. If the right holder sues for more than two years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period; The amount of damages for infringement shall be calculated two years forward from the date on which the right holder files a lawsuit with the people's court.

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Legal Analysis: Copyright infringement disputes are general civil disputes. Therefore, the statute of limitations for copyright infringement is three years. The statute of limitations for copyright infringement is calculated from the date on which the right holder knows or should know that the right has been infringed and that the obligor has been infringed.

Legal basis: Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for requesting protection of civil rights from a people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where there are other provisions in the Law of the Laws, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

<>1. How long is the statute of limitations for copyright infringement?

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases over Copyright

Article 27: The statute of limitations for infringement of copyright is three years, calculated from the date on which the copyright owner knows or should have known that the rights have been harmed and that the obligor has been obliged. If the right holder sues for more than three years, if the infringement is still ongoing at the time of the lawsuit, the people's court shall order the defendant to stop the infringement during the copyright protection period; The amount of damages for infringement shall be calculated three years forward from the date on which the right holder files a lawsuit with the people's court.

2. What are the circumstances under which the statute of limitations for copyright infringement disputes is interrupted?

1) The obligee submits a request for performance to the obligor;

2) The obligor agrees to perform the obligation;

3) The right holder initiates a lawsuit or applies for arbitration;

4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.

3. What are the acts of copyright infringement?

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 wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, using the work by means of exhibiting or filming an audiovisual work, or using the work by means such as adaptation, translation, or annotation.

7) Failure to pay remuneration for the use of another person's work;

8) Renting out originals or reproductions of audiovisual works, computer software, or audio or video recordings without the permission of the copyright holders, performers, or producers of audiovisual works, computer software, or audio or video recordings, except as otherwise provided in this Law;

9) Using the layout design of the books or periodicals published by them without the permission of the person who published them;

10) Without the performer's permission, broadcasting or publicly transmitting Shan Mingpei's live performance, or recording his performance;

To sum up, there is no special provision on the statute of limitations for copyright infringement disputes, and under normal circumstances, after discovering that the copyright has been infringed, the right holder will not have any rights protection behavior, and the statute of limitations may be interrupted if it negotiates with the infringer before formally filing a lawsuit, or if the infringement issue is dealt with through other underwriting methods.