The copyright of the original work has not been registered. How should I protect my rights if it has been misappropriated?

Copyright protection is not only for works with registered copyrights, but also works without registration are protected by law. But at this time, we need to prepare sufficient evidence to prove that our work was released early. After finding the relevant evidence, you can go directly to the court to file a lawsuit. The next step is to wait for the trial.

There are two things to note here. One is to make sure that the other party has stolen our work, and the other is that there is enough evidence to show that we released it earlier than the other party. When the evidence is solid, prosecution will be easier. Without relevant evidence, it will be difficult to defend your rights and may even fail. After all, what the court looks at is evidence. Without evidence, everything is difficult to prove

1. Copyright protection

We must understand the content of copyright protection. This does not only refer to registered original works, It also includes those works that have not been registered, as long as they are proven to be original, they are all within the scope of protection.

For example, if a lyricist writes many songs by himself, it is impossible to register each one if his own strength is not outstanding.

After all, there is a fee for registration. An ordinary music work will be charged 30 yuan, and subsequent series registrations will cost 100 yuan each. For those who cannot create large profits, applying for registration is obviously a loss. The law protects all original works. As long as it is determined that the work has been misappropriated, you can use legal weapons to protect your legitimate rights and interests.

2. Two pieces of evidence

Since you are using the law to protect your legitimate rights and interests, you must collect evidence and prepare to file a lawsuit with the infringing party.

There are two main types of evidence here: one is to confirm that the other party has misappropriated it, such as trading and making profits in the name of the work, which are all considered evidence; the other is to find ways to prove one's originality, such as manuscripts and related works. Platform release time,

source files

etc.

Especially the latter is a necessary condition to prove our originality

Only by confirming this can we ensure victory in the prosecution process. If there is no evidence, you may have to accept the fact of infringement.

3. Try to apply for registration or preserve evidence

For your own excellent original works, you must try to apply for registration. If you don’t want to spend money, you should also keep the source files and the earliest published ones. evidence.

However, we must also be clear that there is a risk of loss of these evidences, the platform may go bankrupt, documents may be lost, and it is not convenient to directly apply for registration.

From a legal perspective,

the certificate issued by China Copyright Protection Center

is the most favorable proof. Although application requires a certain fee, it is also the best way to protect your own works, especially for public figures, music, novels, dance, etc. It is very useful to apply for copyright. Necessary. Can online image piracy be prosecuted in court?

Internet image piracy can be prosecuted in the People's Court. If the copyright infringement does not constitute a crime, the infringing party must pay compensation to the infringed party. golden. If the two parties cannot reach an agreement on this part of civil compensation, the original author of the picture can sue in the court where the infringer is located.

1. Can Internet piracy be sued in court?

Internet piracy can be sued in court, unless otherwise provided in the Copyright Law of the People's Republic of China or regulations. In addition, those who commit the following infringements, but do not constitute a crime, shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating losses according to the circumstances:

(1) Without the permission of the software copyright owner, Publish or register his own software;

(2) Publish or register other people’s software as his own software;

(3) Develop in cooperation with others without the permission of the collaborator Publishing or registering the software as software completed by oneself alone;

(4) Signing someone else’s software or changing the signature on someone else’s software;

(5) Without using the software Modify or translate the software with the permission of the copyright owner;

(6) Other infringement of software copyright.

2. What are the conditions for bringing a lawsuit in court?

Article 108 of the "Civil Procedure Law of the People's Republic of China" stipulates: A lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) ) has specific litigation claims, facts and reasons;

(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

3. What are the administrative penalties for copyright infringement due to online piracy?

(1) Warning. It is a warning and condemnation issued by administrative agencies to illegal actors, and is mainly applicable to relatively minor illegal acts.

(2) Order to stop producing and distributing infringing copies. The function of this form of punishment is to prevent the infringer from continuing to make profits by making and distributing infringing copies, but it does not touch the income that the infringer obtains from making and distributing infringing copies. Therefore, it is inappropriate to use this method alone when the infringer has already obtained benefits.

(3) Confiscation of illegal gains. It refers to paying all the profits obtained by the infringer through the infringement to the national treasury. This form of punishment is a supplement to the previous form of punishment, and the combination of the two can leave the infringer with nothing.

(4) Confiscate infringing copies. In order to prevent the infringer from distributing the infringing copies whether or not they have been produced and causing further damage to the victim, it is necessary to confiscate the infringing copies.

(5) Confiscate the equipment for making infringing copies. For those infringers who may continue to infringe, in order to fundamentally eliminate the possibility of continuing to make infringing copies, it is necessary to confiscate their equipment for making infringing copies.

(6) Fine. Article 51 of the "Copyright Law Implementation Regulations" stipulates: Those who plagiarize other people's works will be fined from 100 yuan to 5,000 yuan; those who counterfeit other people's artistic works will be fined from 1,000 yuan to 50,000 yuan. For other copyright infringements that can be subject to administrative penalties, a fine of 10,000 to 100,000 yuan or two to five times the total price can be imposed.

Internet pirated pictures are suspected of infringing on the copyright of the original author. Photographic works and these pictures uploaded by others cannot theoretically be reproduced without consent. Copyright infringement must also be analyzed based on the consequences of the infringement. If the consequences are very serious, copyright infringement constitutes a crime. How to defend rights if a picture is stolen by others

How to defend rights if a picture is stolen by others is as follows:

1. You can negotiate with the other party and ask the other party to stop the infringement, eliminate the impact, and apologize. Apologize and compensate for losses. If negotiation fails or the other party is unwilling to negotiate, the parties can reconcile with the coordination of the national or provincial Copyright Office, Patent Office, Trademark Office, People's Mediation Committee, and lawyers. After negotiation or reconciliation, it is recommended to adopt a written agreement Determine;

2. You can apply for protection to the national or provincial Copyright Office, Patent Office or Trademark Office. The administrative department should impose corresponding administrative penalties on the infringer in accordance with the law; if the infringement is serious, it may be suspected of a crime. Yes, you can report the case to the police and the procuratorate will initiate a public prosecution. During the criminal proceedings, you can file an incidental civil lawsuit to claim compensation;

3. If there is an arbitration clause in the agreement signed by both parties, you can apply to the arbitration institution arbitration. After the arbitration result comes out, if one party fails to perform the arbitration award, the other party can apply to the People's Court for compulsory execution;

4. It can file a lawsuit with the Intermediate People's Court in the place where the infringement occurred and where the infringer is domiciled.

Legal basis

: Article 110 of the "People's Republic of China and Civil Code"

Natural persons enjoy the right to life, body and health , name rights, portrait rights, reputation rights, honor rights, privacy rights, marital autonomy and other rights.

Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 111

The personal information of natural persons is protected by law. Any organization or individual that needs to obtain other people's personal information must obtain and ensure information security in accordance with the law, and must not illegally collect, use, process, or transmit other people's personal information, and must not illegally buy, sell, provide, or disclose other people's personal information.