1. If the infringed work is a professional work, the author should check with his employer to see whether the employer has permitted a third party to use the work.

2. Confirm whether the other party’s behavior complies with the provisions of the Copyright Law of the People’s Republic of China on fair use of works.

3. Check whether the relevant party has paid the relevant royalties through copyright collective organizations or China Copyright Information Network.

4. After confirming that the other party has indeed used it without authorization or plagiarized it, the infringement evidence should be fixed in a timely manner:

1. If the infringing work is published in paper media, corresponding evidence should be obtained Original copies of paper media; if the originals cannot be obtained, copies stamped with the library collection stamp should be obtained from the library.

2. If the infringing work is published on a computer network, you should go to any notary office for evidence preservation and notarization of relevant Internet materials; the rights holder can entrust others to handle evidence preservation and notarization, but a power of attorney is required and Submit the original identity document of the author. If you choose a lawyer to witness infringing materials on the Internet, there is a certain risk of litigation. The nature of the lawyer's testimony is witness testimony, and its validity is far less than the notarization issued by the notary office.

5. Possible rights protection methods

1. Negotiate with the infringers and require them to stop the damaging behavior and compensate them;

2. Apply to the copyright administrative authority Conduct mediation;

3. File a lawsuit directly with the court;

4. If there is an arbitration clause in the written contract, you can apply for arbitration by an arbitration institution.

Knowledge link: Basis for compensation for copyright infringement

Article 49 of my country’s Copyright Law stipulates: “In case of infringement of copyright or copyright-related rights, the infringer shall in accordance with the rights The person's actual losses shall be compensated; if the actual losses are difficult to calculate, the amount of compensation may be based on the illegal income of the infringer, and the amount of compensation shall also include the actual expenses incurred by the right holder to stop the infringement.

If the loss or illegal gains of the infringer cannot be determined, the people's court shall award a compensation of less than 500,000 yuan based on the circumstances of the infringement."

The three principles of compensation determined in this article are strict. In the order of application, it can be seen that my country’s compensation principle for copyright infringement is compensatory compensation, not punitive compensation.