1. (1) Negotiate by yourself. If the two parties can reconcile after the infringement occurs, it will not only allow the copyright owner to quickly and effectively realize and safeguard its rights and interests, but also enable the infringer to avoid damage to his reputation. If the parties are unwilling to negotiate or cannot reach an agreement, the parties may directly file a civil lawsuit with the court.
(2) Mediation. Mediation is not a necessary procedure for resolving copyright disputes. If the parties are willing to mediate, fail to reach a mediation agreement, or regret after mediation, they can directly file a lawsuit in court.
(3) Arbitration. Arbitration is often limited to contractual disputes, and a submission to arbitration must have a written agreement or a written arbitration clause. A valid arbitration agreement between the parties excludes the jurisdiction of the court, and the arbitration award made by the arbitral tribunal is final. After the award is made, the parties may apply for arbitration again or file a lawsuit with the People's Court for the same copyright dispute. The arbitration committee or the People's Court Will not be accepted. The award made by arbitration is legally binding and must be fulfilled by the parties. If one party fails to perform the arbitration agreement, the other party may apply to the People's Court for enforcement. If the People's Court believes that the arbitration award should not be enforced under statutory circumstances, the parties may re-enter an arbitration agreement and apply for arbitration based on the arbitration agreement, or they may directly file a lawsuit with the People's Court.
(4) Civil litigation. After a copyright dispute occurs, if both parties are unwilling to negotiate or fail to reach an agreement; are unwilling to mediate the agreement or regret it after mediation; and the parties have neither a written arbitration agreement nor an arbitration clause in the copyright contract; or despite the arbitration award, However, if the People's Court believes that there are circumstances in which the arbitration award should not be enforced by law, it can directly file a lawsuit with the People's Court. Litigation is the ultimate way to resolve civil disputes. Civil litigation applies to both tort disputes and contract disputes.
2. Regarding the amount of compensation:
Article 48 If a copyright or copyright-related rights is infringed, the infringer shall compensate the right holder according to the actual loss; the actual loss is difficult to If calculated, compensation may be awarded based on the illegal income of the infringer. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.