Second, confirm whether the other party's behavior conforms to the provisions of the Copyright Law of People's Republic of China (PRC) on the fair use of works.
Three, through the copyright collective organization or China copyright information network and other ways to inquire whether the relevant parties have paid the relevant royalties.
Four, after confirming that the other party is unauthorized use or plagiarism, it shall promptly fix the evidence of infringement:
1. If the infringing work is published in the paper media, the original of the corresponding paper media shall be obtained; If you can't get the original, you should go to the library and get a copy with the library seal.
2. If an infringing work is published on the computer network, it shall be notarized at any notary office for evidence preservation of relevant Internet materials; The obligee may entrust others to handle the notarization of evidence preservation, but it is required to issue a power of attorney and submit the original identity certificate of the author. If you choose a lawyer to witness Internet infringing materials, there is a certain litigation risk. The nature of lawyer's witness statement is witness testimony, which is far less effective than the notarial certificate issued by the notary office.
Verb (abbreviation of verb) approach to safeguarding rights
1. Negotiate with the infringer and ask him to stop the damage and compensate;
2. Apply to the copyright administrative department for mediation;
3, directly to the court;
If there is an arbitration clause in the written contract, you can apply to an arbitration institution for arbitration.
Knowledge link: the basis of compensation for copyright infringement
Article 49 of China's Copyright Law stipulates: "If copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual loss of the obligee; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement. "
The three principles of compensation determined in this article have strict application order, which shows that the principle of compensation for copyright infringement in China belongs to compensatory compensation, not punitive compensation.