ICopyright violationsThe limitation period is three years. From the date on which the author knew or should have known of the violation。
In the course of these three years, the statute of limitations may be interrupted and recalculated from the moment of interruption if the author has claimed rights from the infringer, for example by means of written notification, consultation, etc。
If the violation continues, the author can bring a complaint at any time during the duration of the violation. For example, the violator has been making unauthorized copies of works in which another person enjoys copyright, and the author has the right to sue before he or she ceases the violation。
The law establishes a statute of limitations, the main aim of which is to facilitate the timely exercise of rights by rights-holders and to avoid problems such as excessive length of time, which makes it difficult to collect evidence, and chronic instability in legal relations. However, even if the statute of limitations is exceeded, the court will generally hear it, except that the plaintiff may be at risk of losing if the defendant pleads with the statute of limitations and finds that there is no interruption. Ii. Violations of the rights of theLegal liabilityVarious types of legal liability for infringement of copyright include civil, administrative and criminal liability。
With regard to civil liability, the infringer is liable for cessation of the violation, removal of the effects, apology for damages and compensation for damages. The cessation of the violations is intended to put an end to the continuation of the violations; to remove the effects that can restore the reputation of the works that have been violated; to apologize for moral damage to the author; and to compensate the author for the loss。
In terms of administrative liability, the copyright administration has the power to order the cessation of violations, the confiscation of the proceeds of the violation, the confiscation, destruction of the copies of the violation and the imposition of fines, and, in serious cases, the confiscation of materials, tools, equipment, etc., which are primarily used to produce the copies of the violation。
Criminal responsibility relates to serious violations of copyright. If, for profit, there is a specific violation of copyright, and if the offence results in a larger or other serious offence, the penalty shall be imprisonment for a term not exceeding three years or detention, with or without a fine; if the offence results in a substantial or other particularly serious offence, the penalty shall be imprisonment for a term not exceeding three years and not exceeding seven years. Iii. The ways in which responsibility for violations of copyright may be assumed, including copyright, are the following:
1. Cessation of violations: when violations are ongoing, the perpetrators are ordered to immediately cease their violations and prevent further damage。
2. Elimination of the effects: where the violation has a negative impact on the author, the perpetrator should address the effects in an appropriate manner and restore the author's reputation, reputation, etc。
3. Reparations: the infringers acknowledge their violations to the author, either orally or in writing, and apologize。
4. Compensation for loss: compensation based on the actual loss of the author or infringer's legal gains. In the event that the actual loss and the proceeds of the violation are undetermined, compensation may be awarded by reference to the royalties of the right. In the event of an intentional violation of copyright or rights relating to copyright, compensation may be awarded less than five times the amount determined in accordance with the above-mentioned method, if the circumstances are serious。
5. Confiscation, destruction of replicas of violations: replicas used by infringers may be confiscated, destroyed and prevented from continuing to spread to cause greater damage。
6. Fine: the copyright administration may impose fines on infringers in order to discipline and deter violations。
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