(1) Ownership, infringement and contract disputes of copyright and rights and interests related to copyright;
(2) Cases in which the infringement of copyright and copyright-related rights and interests is stopped before litigation, and the pre-litigation property preservation and pre-litigation evidence preservation are applied;
(3) Other copyright and copyright-related rights and interests dispute cases. Article 2 Cases of copyright civil disputes shall be under the jurisdiction of the people's courts at or above the intermediate level.
The Higher People's Court may, according to the actual situation in its jurisdiction, determine that some grass-roots people's courts have jurisdiction over copyright civil disputes of first instance. Article 3 If a party brings a lawsuit to the people's court against the infringement of copyright investigated and dealt with by the copyright administrative department, the people's court shall accept it.
The people's court shall conduct a comprehensive review of the facts of civil dispute cases that have been handled by the copyright administrative department. Article 4 A civil lawsuit brought for copyright infringement shall be under the jurisdiction of the people's court of the place where the infringement was committed, the place where the infringing copy was stored, the place where it was sealed up and detained, and the place where the defendant was domiciled as stipulated in Articles 46 and 47 of the Copyright Law.
The storage place of infringing copies mentioned in the preceding paragraph refers to the place where a large number of infringing copies are stored or hidden; The place of seizure refers to the place where the customs, copyright and industrial and commercial administrative authorities seal up and detain infringing copies according to law. Article 5 If more than one defendant brings a lawsuit in the place where the infringement is committed, the plaintiff may choose the people's court in the place where one of the defendants committed the infringement to have jurisdiction. The people's court in the place where the defendant committed the infringement only has jurisdiction over the lawsuit brought against one of the defendants. Article 6 A legally established copyright collective management organization shall file a lawsuit in its own name according to the written authorization of the copyright owner, and the people's court shall accept it. Article 7 Manuscripts, originals, legal publications, copyright registration certificates, certificates issued by certification bodies and contracts for obtaining rights provided by the parties may be used as evidence.
A natural person, legal person or other organization whose name is signed on a work or product shall be regarded as the owner of copyright and rights and interests related to copyright, unless it is proved to the contrary. Article 8 The physical objects and invoices obtained by the parties themselves or by entrusting others to purchase infringing copies by way of ordering or on-site trading may be used as evidence.
The evidence obtained by a notary from the other party in the manner specified in the preceding paragraph and the notarial certificate issued in the process of obtaining the evidence shall be taken as evidence, unless there is evidence to the contrary. Article 9 The term "publicity" as stipulated in Item (1) of Article 10 of the Copyright Law means that the copyright owner voluntarily or with the permission of the copyright owner makes the work public to unspecified people, but it does not need to be known to the public. Article 10 If the copyright owner of a work mentioned in the second paragraph of Article 15 of the Copyright Law is a natural person, the provisions of the first paragraph of Article 21 of the Copyright Law shall apply to the term of protection; Where the copyright owner is a legal person or other organization, the provisions of the second paragraph of Article 21 of the Copyright Law shall apply to the term of protection. Article 11 Disputes arising from the sequence of signatures of works shall be handled by the people's courts according to the following principles: if there is an agreement, the sequence of signatures shall be determined according to the agreement; If there is no agreement, the signature order can be determined according to the labor paid for the creation of the work, the arrangement of the works, the strokes of the author's surname, etc. Article 12 According to Article 17 of the Copyright Law, if the copyright in commissioned works belongs to the trustee, the trustee has the right to use the work within the agreed scope of use; 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 under the circumstances stipulated in the third paragraph of Article 11 of the Copyright Law, the copyright of reports, speeches and other works written by others, reviewed and finalized by myself and published in my own name belongs to the reporter or speaker. The copyright owner may pay an appropriate remuneration to the author. Article 14 The parties have agreed to complete an autobiographical work with characters experience as a specific theme. If the parties have an agreement on the ownership of copyright, such agreement shall prevail; If there is no agreement, the copyright belongs to a specific person, and if the author or organizer has made efforts to complete the work, the copyright owner may pay him appropriate remuneration. Article 15 The expression of works created by different authors on the same theme is independent and creative, and the authors shall be recognized as having independent copyright. Article 16 Pure factual news spread through mass media belongs to current affairs news as stipulated in Item (2) of Article 5 of the Copyright Law. Dissemination of current news reports compiled and edited by others shall indicate the source. Article 17 Reprinting as stipulated in the second paragraph of Article 32 of the Copyright Law refers to the act of newspapers and periodicals publishing published works of other newspapers and periodicals. If the author of the reproduced work and the source of the original newspaper are not indicated in the reprint, they shall bear civil liabilities such as eliminating the influence and apologizing. Article 18 The works of art in outdoor public places as stipulated in Item (10) of Article 22 of the Copyright Law refer to sculptures, paintings, calligraphy and other works of art set up or displayed in outdoor public places.
A person who copies, paints, photographs or videos a work of art specified in the preceding paragraph may reuse its achievements in a reasonable way and within a reasonable scope, and it does not constitute infringement.