Copyright litigation means that when the copyright of a creative work is infringed, the original author can file a lawsuit against the infringing party through legal channels to protect his copyright rights. So, what is the process and cost of copyright prosecution?Let's take a look.
First of all, the process of copyright prosecution consists of the following steps:
1.Lawyer consultation: First of all, the original author should consult a professional lawyer to understand their rights and the basic process of prosecution. A lawyer can help the original author collect evidence, develop a litigation strategy, appear in court on behalf of the plaintiff, etc.
2.Preparation for prosecution: preparation of indictment, evidentiary materials, litigation claims, etc. The plaintiff needs to provide documents and materials to prove that he or she enjoys copyright, such as copyright certificates, distribution contracts, creative notes, etc.
3.Filing a lawsuit: Submit the indictment and relevant evidentiary materials to the court. If the court finds that the prosecution is in accordance with the law, it will accept the prosecution case and issue a summons for the defendant to appear in court.
4.*Trial: During the trial, the plaintiff's lawyer and the defendant's lawyer will conduct evidence investigation, cross-examination, debate and other procedures on the case dispute. If the court determines that the defendant has infringed the plaintiff's copyright rights, it will issue a judgment and require the defendant to stop the infringement and compensate for economic losses.
Second, the costs of copyright prosecution include the following:
1.Attorney's fees: The plaintiff is required to pay the lawyer's litigation fees**. Attorney's fees depend on the complexity of the case and the level of contention. Generally speaking, the cost of suing will be higher, and if the case is won, the lawyer's fees can be deducted from the financial losses paid by the defendant.
2.Litigation costs: The plaintiff needs to pay certain litigation costs, including the fee for the copy of the complaint, the public notice fee, stamp duty, etc.
3.Other expenses: Other expenses may be incurred during the litigation process, such as the fee for witnesses to appear in court, the fee for entrusting an appraisal, etc., which need to be borne by the plaintiff.
In conclusion, copyright prosecution is a complex and costly process. The original author should consult a professional lawyer to understand his rights and obligations, and try his best to collect and retain relevant evidence and materials to prove his copyright rights and interests, so as to successfully protect his rights and interests.