[Copyright Arbitration] Regulation and determination of copyright infringement

The Copyright Law of the People's Republic of China, Chapter II, Section 2, Article 13, stipulates that "The copyright in a work created jointly by two or more persons shall be jointly enjoyed by the co-authors." A person who did not participate in the creation of the book may not be a co-author.

Where a joint work can be used separately, the authors may separately enjoy the copyright in that part of their work, provided that the exercise of such copyright shall not infringe upon the copyright in the joint work as a whole."

The copyright in a joint work shall be shared by the co-authors, and the distribution and exercise of their rights may be determined by agreement between the co-authors. If there is no agreement, or if the agreement does not provide for the rights, the co-authors shall exercise the rights jointly. For divisible works, the right to modify them shall be exercised separately by the creator. The remuneration obtained from licensing others to use shall be distributed among the partners according to the agreement, or in the absence of an agreement or if the agreement fails, shall be distributed according to the same share.

According to the provisions of Article 31 of the Measures for the Implementation of Copyright Administrative Penalties, if the circumstances of the illegal act are serious, the copyright administrative department may confiscate the materials, tools and equipment mainly used to make infringing copies.

The above mentioned "serious circumstances" means:

(1) the amount of illegal gains (that is, the amount of profits) of an individual is more than 5,000 yuan, and the amount of illegal gains of a unit is more than 30,000 yuan;

(2) the amount of illegal business carried out by individuals is 30,000 yuan or more, and the amount of illegal business carried out by units is 100,000 yuan or more;

(3) Individuals dealing in more than 2,000 copies (sheets or boxes) of infringing copies, and units dealing in more than 5,000 copies (sheets or boxes) of infringing copies;

(4) Infringement of copyright again after being investigated for legal responsibility for infringement of copyright;

(5) causing other major impacts or serious consequences.