"Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases"
Adopted at the 1246th meeting of the Judicial Committee of the Supreme People's Court on October 12 , 2002 , the interpretation is based on the " General Principles of the Civil Law of the People's Republic of China" and the "Contract Law of the People's Republic of China" ", "Copyright Law of the People's Republic of China" and "Civil Procedure Law of the People's Republic of China" .
According to the " Supreme People's Court 's Notice on Amending the Supreme People 's Court " passed at the 1823rd meeting of the Judicial Committee of the Supreme People 's Court on December 23 , 2020 The People's Court's Interpretation on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases ( II ) > Decisions on Eighteen Other Judicial Interpretations on Intellectual Property Rights " were revised
In order to correctly hear copyright civil dispute cases , in accordance with the Civil Code of the People's Republic of China , the Copyright Law of the People's Republic of China , and the According to the provisions of the Civil Procedure Law and other laws , several issues concerning the applicable law are explained as follows :
Article 1 The People’s Court accepts the following copyright civil dispute cases :
( 1 ) Cases involving copyright and copyright- related rights and interests , infringement , and contract disputes ;
( 2 ) Apply to stop infringement of copyright and copyright- related rights and interests before litigation , apply for pre- litigation property preservation , and pre - litigation evidence preservation cases ;
( 3 ) Other copyright and copyright - related rights dispute cases .
Article 2 Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level .
Each higher people's court may submit to the Supreme People's Court for approval based on the actual situation in its jurisdiction , and a number of grassroots people's courts shall have jurisdiction over first-instance copyright civil cases . dispute cases .
Article 3 If a party concerned files an action against a copyright infringement investigated and dealt with by the copyright administrative department in the People 's Court to pursue the civil liability of the perpetrator , the People's Court shall The court should accept it .
When the People's Court hears civil dispute cases involving copyright infringement that have been handled by the copyright administrative department , it shall conduct a comprehensive review of the facts of the case .
Article 4 A civil lawsuit filed due to copyright infringement shall be determined by the place where the infringement was committed , the place where the infringement was resumed , and the place where the infringement was resumed as stipulated in Articles 47 and 48 of the Copyright Law . The people's court at the place where the products are stored or seized or seized , or where the defendant is domiciled shall have jurisdiction .
The storage place of infringing copies specified in the preceding paragraph refers to the place where large quantities of or frequent storage and concealment of infringing copies ; the place of seizure and seizure refers to the customs , copyright and other administrative agencies to seal and detain the location of the infringing copies in accordance with the law .
Article 5 For a joint lawsuit involving multiple defendants in different places where the infringement was committed , the plaintiff may choose to file a lawsuit against one of the defendants in the place where the infringement was committed . File a lawsuit in the People's Court ;
If a lawsuit is filed only against one of the defendants , the people's court in the place where the defendant's infringement was committed shall have jurisdiction .
Article 6 A copyright collective management organization established in accordance with the law may file a lawsuit in its own name based on the written authorization of the copyright owner , and the people 's court shall accept the lawsuit .
Article 7 The copyright - related manuscripts , originals , legal publications , copyright registration certificates , certificates issued by certification agencies , and rights obtained provided by the parties Contracts , etc. , can be used as evidence .
The natural person , legal person or unincorporated organization who signs the work or product is deemed to be the right holder of the copyright and copyright- related rights and interests , unless there is proof to the contrary . except .
Article 8 The physical objects , invoices , etc. obtained by the parties themselves or entrusting others to purchase infringing copies through ordering , on - site transactions , etc. , may be used as evidence.
Without identifying the party suspected of infringement , the notary truthfully examines the evidence and evidence obtained by the other party in the manner prescribed in the preceding paragraph . The notarial certificate issued during the evidence collection process shall be used as evidence , unless there is contrary evidence .
Article 9 " Making it public " as stipulated in Article 10 ( 1 ) of the Copyright Law means that the copyright owner makes the work available to unspecified persons on his own or with the permission of the copyright owner . Public disclosure , but does not require public knowledge as a condition .
Article 10 For works referred to in Paragraph 2 of Article 15 of the Copyright Law , if the copyright holder is a natural person , the protection period shall be governed by the provisions of Paragraph 1 of Article 21 of the Copyright Law . If the copyright owner is a legal person or an unincorporated organization , the protection period shall be governed by the provisions of Paragraph 2 of Article 21 of the Copyright Law .
Article 11 Disputes arising from the order of signatures of works shall be handled by the People's Court in accordance with the following principles :
If there is an agreement , the order of signatures shall be determined according to the agreement ;
If there is no agreement , the order of signatures can be determined based on the labor put into creating the work , the arrangement of the works , the strokes of the author 's surname , etc.
Article 12 In accordance with Article 17 of the Copyright Law , if the copyright of a commissioned work belongs to the trustee , the client shall have the right to use the work within the agreed scope of use . s right ;
If the two parties have not agreed on the scope of use of the work , the client may use the work free of charge within the specific purpose of the commissioned creation .
Article 13 Except for the circumstances specified in Paragraph 3 of Article 11 of the Copyright Law , reports , speeches , etc. written by others , reviewed and finalized by myself , and published in my own name The copyright of the work belongs to the speaker or speaker . The copyright owner may pay appropriate remuneration to the author .
Article 14 If the parties agree to complete an autobiographical work based on the experience of a specific person , and the parties have an agreement on the ownership of the copyright , the agreement shall prevail ; if there is no agreement , If the copyright is stipulated , the copyright belongs to the specific person . If the writer or organizer has contributed to the completion of the work , the copyright owner may pay appropriate remuneration to him or her .
Article 15 For works created by different authors on the same theme , if the expression of the work is completed independently and is creative , the authors shall be deemed to have independent rights. Copyright .
Article 16 Pure factual information disseminated through mass media belongs to current affairs news as stipulated in Article 5 ( 2 ) of the Copyright Law .
When disseminating and reporting current affairs news collected and edited by others , the source must be indicated .
Article 17 Reprinting as stipulated in Paragraph 2 of Article 33 of the Copyright Law refers to the act of newspapers and periodicals publishing works that have been published by other newspapers and periodicals .
Anyone who reprints without indicating the author of the reprinted work and the source of the original newspaper or magazine shall bear civil liability such as eliminating the impact and making an apology .
Article 18 The artistic works in outdoor public places as stipulated in Article 22 ( 10 ) of the Copyright Law refer to those that are installed or displayed at outdoor public events . Sculptures , paintings , calligraphy and other artistic works on the premises .
Those who copy , paint , photograph , or videotape the artistic works specified in the preceding paragraph may reuse their results in a reasonable manner and within a reasonable scope , and this does not constitute infringement .
Article 19 Publishers and producers shall bear the burden of proof that they have legal authorization to publish and produce , and issuers and lessors shall bear the burden of proving that they have legal authorization to publish or lease The burden of proof is that the copy has a legal source .
If evidence cannot be provided , legal liability shall be borne in accordance with the corresponding provisions of Articles 47 and 48 of the Copyright Law .
Article 20 If a publication infringes upon the copyright of others , the publisher shall be liable for compensation based on its fault , degree of infringement , and consequences of damage .
If a publisher fails to pay reasonable attention to the authorization of its publishing activities , the source and signature of manuscripts , and the content of edited publications , it shall be liable in accordance with Article 4 of the Copyright Law . Article 19 shall bear the responsibility for compensation for losses .
The publisher shall bear the burden of proof that it has exercised reasonable care .
Article 21 If a computer software user commercially uses computer software without permission or exceeds the permission scope , he shall be punished in accordance with Article 48 ( 1 ) of the Copyright Law . Item , Article 24 , Item ( 1 ) of the " Computer Software Protection Regulations " shall bear civil liability .
Article 22 If the copyright transfer contract is not in written form , the People's Court shall review whether the contract is established in accordance with the provisions of Article 490 of the Civil Code .
Article 23 If a publisher loses or damages a work delivered for publication by the copyright owner , causing the publication contract to be unable to be performed , the copyright owner shall have the right to comply with Article 1 of the Civil Code . Articles 186 , 238 , 1184 and other provisions require publishers to bear corresponding civil liabilities . _ _ _ _ _
Article 24 The actual losses of the right holder may be calculated based on the reduction in the distribution of copies caused by the right holder due to infringement or the sales volume of the infringing copies compared with the right holder's actual losses. Calculate the unit profit product of the copy . If it is difficult to determine the reduction in distribution , it shall be determined based on the market sales of infringing copies .
Article 25 If the actual losses of the right holder or the illegal gains of the infringer cannot be determined , the people's court shall apply the copyright to the copyright ex officio according to the request of the parties or ex officio . The amount of compensation shall be determined in accordance with the provisions of Paragraph 2 of Article 49 of the Human Rights Law .
When determining the amount of compensation , the people's court shall comprehensively consider the type of work , reasonable royalties , nature of the infringement , consequences and other circumstances .
If the parties reach an agreement on the amount of compensation in accordance with the provisions of paragraph 1 of this article , it shall be allowed .
Article 26 The reasonable expenses paid to stop infringement as stipulated in Article 49 , Paragraph 1 of the Copyright Law , include the right holder or authorized agent to pay for the infringement . Reasonable expenses for investigation and evidence collection . _
The People 's Court may , based on the parties ' litigation claims and specific case circumstances , calculate attorney fees that comply with the provisions of relevant state departments into the scope of compensation .
Article 27 The statute of limitations for copyright infringement is three years , starting from the date when the copyright owner knows or should know that the rights have been harmed and the person is obligated .
If the right holder files a lawsuit more than three years ago , if the infringement is still continuing at the time of the lawsuit , the people's court shall order the defendant to stop the infringement during the copyright protection period. Behavior ;
The amount of compensation for infringement damages shall be calculated three years forward from the date when the right holder files a lawsuit in the People 's Court .
Article 28 If the people's court takes preservation measures , it shall be based on the Civil Procedure Law and the " Supreme People's Court's Application of Preservation Cases on Review of Intellectual Property Disputes " " Provisions on Certain Legal Issues " . _ _ _
Article 29 Unless otherwise provided in this interpretation , if the copyright civil dispute cases accepted by the People 's Court involve civil acts that occurred before the revision of the Copyright Law , The provisions of the Copyright Law before the amendment shall apply ;
If it involves civil acts that occurred after the Copyright Law was revised , the provisions of the revised Copyright Law shall apply ;
If it involves civil acts that occurred before the revision of the Copyright Law and continued after the revision of the Copyright Law , the provisions of the revised Copyright Law shall apply .
If the previous relevant provisions of Article 30 are inconsistent with this interpretation , this interpretation shall prevail .
